UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY PRACTICAL TREATISE ON WITH THE METHODS OF HOLDING COURTS -LEET, COURT -BARON, AND OTHER COURTS; AND AN ^PPE JVID I Xs CONTAINING Forms of Entries on Court-Rolls and Minute-Books^ PURVEYS, STEWARDS FEES, AND A VARIETY OF PRECEDENTS ON THE MODE OF CONVEYING COPYHOLD ESTATES* THE SECOND EDITION RE VISED, CORRECTED, AND IMPROVED, BY RICHt^RD BARNARD FISHER, Esq. BARRISTER AT LAW, and upwards of Eighteen Years Steward of Saint Mary Magdalen College, Oxford. — ^^aBSBBa— — I — M il— a^— — M— ^ I 1 ■ Esga LONDON : PRINTED FOR J. BUTTERWORTH, FLEET-STREET j AND J. COOKE, ORMOKb QUAY, DUBLIN. 1803. T 1^3 ADVERTISEMENT. The former Edition of this Work having been for some Time out of Print, and a New One called for, the Author, in compliance with the Wishes of the Public, begs to offer to their Notice a Second Edition of it ; which he hopes has fewer of the Imperfections of the last, and will be found to be more generally useful. G. A V f. I), VKlti I I, l{, GUtV II,LK-fc 1 Kt.^T, J.ONyoK. U. h 02 PREFAC E TO THE FORMER EDITION. 1 HE following Treatife was at firft intended only for the private ufe of the Compiler, and not for the public eye : a convidlion, however, of the neceffity of fome book that might afford general information on the fubjedl of Copyhold Law, and the practice of holding courts, has now induced him to bring it forward ; and having experienced the want of fuch affiftance, he flatters himfelf that the prefent Eflay will not be deemed alto- gether unacceptable. The learning to be found in the books on this fubjed, is extremely diffufe and fcattered ; and a clear and precife notion of the nature and law of Copyholds cannot well be attained without great refearch and very confiderable labour. No one book whatever fmce the time of Lord Coke, has treated the fubjecft, by any means, in a fyftematical manner, although great alterations, in many points, have fubfequently taken place. There are fome points indeed, on which Lord Coke himfelf has A 2i touched IV PREFACE. touched but flightly ; for in his excellent little Trcatife, called " The Complete Copyholder," in laying down general pofitions, he treats only of pure and genuine Copyholds ; whereas at this time of day, there is a fort of baftard fpecics (if the expreffion may be allowed) of Copyhold Te- nure ; namely, Copyholds for Lives, which are granted either to perfons for their own lives, or for the lives of others, according to the cuftom of the refpe6live manors. Thefe indeed may be faid rather to refemble leafes for lives, than regular Copyholds ; yet, being held of Manors, and the Tenure evidenced by a copy of the court-roll, they may fairly enough be confidered in the light of Copyholds, although they fliould not be found to poiiefs all the legal properties of pure and genuine Copyholds. On thefe points the Author of this Treatife has endeavoured to give fuch information as may prove ufeful ; and, for that purpofe, has iearchcd all the modern Reports, and added all the authorities from which he conceived any prin- ciple was likely to be deduced ; and being fteward of icvcral manors in different parts of the kingdom, he has, from his' own particular fituation, been enabled to furnifli fomc general hints and obferva- tions on the forms of holding courts ; entering the proceedings on tlie records, or rolls of the court, and PREFACE, V and the mode generally adopted by corporate bodies, as well as by individuals, in aifeiiing their , fines on admitting copyhold tenants to their eftates, and on putting in of frefh lives. In a work of this nature, which is little more than compilation and collection, much that is new cannot well be expelled ; ufeful information the Compiler has h^d in view ; and that he hopes the work will be found to contain. He has not the vanity to fuppofe that it will be confidered as a complete work ; but if it fhall be found at all ufeful, and prove any ways acceptable to the pro- feffion and the public in general, he wall think his labours amply compenfated for the prefent ; and on fome future occafion may be induced to offer to the w^orld fomething more deferving attention. A 3 TABLE TABLE OF CONTENTS. CHAP. I. Page. {JF Copyhold Tenure, and of Manors. Its origin^ and of Manors, what they are, ^c. i . CHAP. II. Of the Copyholders, the nature of their efiate, and 171 what refpeSis fuch eflate partakes of the na- ture of freehold, - - - 9 CHAP. III. Of what things Copyholds may he granted, and of what not, - - - - 24 CHAP. IV. Of the defcent of Copyholds, and how they are guided and directed, - - - 27 CHAP, V. Of the entailing Copyhold Eflates, and the manner of harrtng and docking fuch entails, 3 3 CHAP. VI. Of Cufloms, - - - "39 CHAP. VII. Of the lord and fleward, and of their authority, 51 CHAP. VIII. Of the courts incident to a Manor, • -^ 65 CHAP. IX. Of Services y - - - •p- 72 A 4 CHAP, 8 TABLE OF CONTENTS. CHAP. X. Page. Of fines payable hy Copyholders ^ - - 92 CHAP. XI. Of Forfeiture y - - •105 CHAP. XII. Of Difpenfat'ion of Forfeiture y - - - 121 CHAP. XIII. Of the Extinguifkment of Copyholds y - - 125 CHAP. XIV. What Jl6ls of Parliament Jl.rJl he raid to extend to Copyhold efiates, and what fhall not, - 132 C H A P. XV. Of the Surrender y - - •144 CHAP. XVI. Where the Want of a Surrender ^ or a defe£tii>e Surrender vAll he fupplied in Equity, - 156 CHAP. XVII. Of the Prefentment, - - •« 164 CHAP. XVIII. Of the Admittance, - - -.168 CHAP. XIX. The general Method of holding thefeveral courts, and of entering the proceedings of them in the Minute Books J and on the Court Rolls of the Manor, - ». - " '77 CONTENTS OF THE APPENDIX. Page o" FO^M of holding the Jeveral courts - -1,7 Style of the court - - - 1 85 'Proclamation at o/icning court - - 186 Jury returned - - - Ibid. Foreman'''; oath in the court- leet - - ibid* Calling the homage - — •• 187 Foreman's oath in the court-baron - ibid. Con/iables oath to Jirefent - - ibid. Same for ferving enjuing year - - ibid. iJayward's oath - - - 188 Ajferer\ oath - - - ibid. Court adjourned « - - ibid. Court called at the time adjourned - - ibid, Prefentments of the homage - - 189 Death of a freeholder jircfentedy and order for heir to aji- pear and do fealty - - 1 90 Admiffon of a feeholder on paying relief - 1 91 Form of Admiffion - - ibid. Order to deflrain on a [lur chafer of a freehold eflate for not doing fealty « _ - ibid. Death of a co/iyholder prefcnted, and fitfi proclamation for the f on to be admitted - - 192 The fame for the next heir • - ibid. The fame for the heir not known - 193 The fame after another manner - ibid. Death of a tenant^ and admi[fion of next heir ibid. Oath of fealty - - 194 Admiffion of the heir after thefecond and third pro clamat, 195 After CONTENTS OF THE APPENDIX. Page After thefirjlliroclamat'ion the heir afipears and is admitted^ 1 95 The death of a tenant, and adm'ijfion of the next heir, an infant - - - ' 196 Guardian appointed ' - - 10 " yidniiffion of an infant hy guardian The death of a tenant, and admijjion of the nc.\t heir of full age - - - 198 Seizure after the third proclamation recorded, the heir not apfiearing to take the land - - ibid. Adniijfon of a widow to her widovS's eflate - 20O Surrender and relcafe by a widow of her free-bench 20 1 Form of taking fur render - - ibid. Admittance to a devifee under a will, and the will and furrender recited - - 202 Admiffion on furrender taken out of court and prefented 203 Surrender in court, and the per f on to whom furrendered is admitted, and aftervardsfurrenders to the ufe of hini- f If for life, with remainder to his wife for life, with remainder to ajlranger in fee - 204 Surrender in conf deration of a marriage ^ Sec, andfubfe- quent admijfon thereon - - ' 206, 207 JUfortgage taken in court - - ibid. Admiffion of a mortgagee on breach of condition^ and re- releaje of equity of redemption - 208,210 Mortgage taken out of court by two tenants prefented in court _ « _ ibid. Mortgage by a man and his wife^ taken by the Jicward out of court, prefented - - 211 Proclamation for the furrenderee to be admitted oj breach of condition - - - 212 Acknowledgment of fatisj action - - 215 JRefurrenderfrom mortgagee to mortgagor^ mortgagee hav- ing been admiiud r - 214 Readmi£t07i CONTENTS OF THE APPENDIX. Page ReadmiJJion of a foregoing furrender 2 1 5 Surrender to the ufe of a will in court - 2 16 Surrender to the ufe of a will talcen out of court firefented ibid. Surrender by a tenant in [lojfcffion^ and him in reverjion 21 7 Admittance to one for life^ remainder to another ibid. Admittance by the lord out of court prefented in court 2 1 8 Ad^niJJjon of tenant by the courtefy - - 2T9 Admiffion of baron and feme for their lives ^and the heirs of the baron - - - 220 Surrender by attorney - - " ibid, AdmiJJion by attorney on a [lurchafe - - 221 Licence to let in court - - - 222 Licence to fue - - "223 Surrender and releafefor ever from one who had right 224 Ditto to lord to ojierate as an extin^uifiment - ibid. J)itto Copyhold divided and apportionment of rent 225 Exchange by two copyhold tenants - - 220 Entry of form of fuffering a recovery - - 233 Recovery to bar the entail of a copyhold eftate on the roll 228 Another recovery at afjiecial court - - 240 Admittance under an adl ofinclofure, to an allotment in lieu of an old efiate - - - 249 Another under the fame afi - - - 25 1 Admittance of the affignees of a bankrufit^ under the bar- gain and [ale from the commijfioners - 253 Surrender by the aj/lgnees of part of the fircmiffeSy to which they were admitted at the lafl court - 259 Admittance of the purchafer - - ibid. Surrender of the oiher part - - 260 Admittance of the fiur chafer - - ibid. General obfervation on the language of copyhold convey- ances - - - - 201 Minute Book to copyhold ejiates of inheritance - 262 Court CONTENTS OF THE APPENDIX', Pr,ge Court of fur vey - - * - 27" Form of holding court-baron, &c. in a copyhold for lives, and entry of proceedings - - - 280 Death of a copyholder prefcnted, a7id proclamation for the next life or perfon next entitled to come in and be ad- mitted tenant^ recorded - - ibid. Admittance of the next life, andfurrendcr by him and the third lifcy in order to fill up the copy, Admittance to fiifl life thereon - - - 28 1 Admittance of widow to her widow" s eflate - 282 Stirrender by the firfl life on the death of the fecond or third life, in order to fill ufi the copy^ and admittance thereon - - _ ibid. Surrender by a firft life, in order to exchange a life 283 Surrender on pur chafe for the fame lives as in the copy 284 A voluntary grant to one in reverfion, after the death of the fecond or third If e - - 28c Anevj grant where the eflate had fallen in - ibid. Mortgage by the firfl life, for his own and two other lives in the copy {taken in couri^ - - 286 Admiffion of a mortgagee on breach of conditional furrender 287 Relcafe of equity of redemption from mortgagor - 289 Mortgage by the firfi life for his own life only {taken out of court by two tenants, prefented in court) ibid." Mortgage by three lives taken by thefcwardout of court 29O Acknowledgment cffatisfaflicn - - 292 Refurrender from mortgagee to mortgagor^ mortgagee hav- ing been admitted on breach of conditional furrender 293 Licence to let out of court, prefcnted and enrolled 295 Minute Book to copyholds for lives - - 297 Form ofafuit-roll, or Ufi of the J ever al tenants 274 Court of Survey for copyholds for lives'* - - 302 Of the fieward' s fees - - - 30^^ Table CONTENTS OF THE APPENDIX, PjgC Table of thejlevuard's fees - - _ 2o6 Ohfervations thereon - - - 310 Of the Jiamp duties affeHing copyhold ejiates - 312 ^pliomtmentbyalordofajievjardtokeep.courts - 315 General deputation frGin a Jleward to a deputy - 316 A deputation from a Jie%vard to a deputy to hold a fpecial court to admit an heir at lavj, and take conditional furrendcr - - "3^7 The like, to take furrender ts the ufe of a ivill - 318 T^he like, — to admit a tenant on the death ofthefirji life^ and putting in a frefi life - - 32O T'he like, — to admit a tenant on exchanging two lives 321 The Jieward'' s precept to the bailiff to zvarn the court 323 The like, — to warn a court-baron only - - ibid. Notice of the court given by the bailiff - - 324 Notice of holding a court for afcertaining the cufloms of a manor _ _ _ - ibid. Requijition of the copyhold tenants tothejleward^ to hold a general court - - - 325 Warrant offeizurefor not taking up land - 326 The return of fame - ~ 3^ The Jame recorded _ _ _ ibid. Warrant offeizurefor not doing fervice - - ibid. Licence to let out of court by thejleward - 329 Authority from the lord to his bailiff to colleil rents, he, 33O Letter of attorney to demand rent^ and in default of pay- ment^ to enter upon thepremiJJeSy in order to bring an cje Anient - - " 33^ Deputation of gamekeeper ' - •>■ - 332 Warrant to a bailiff to affgn timber for repair's - 333 Letter of attorney to furrender copyholds - ibid. The like, — to be admitted - - - 335 Abjo Lute furrender out of court to the lord in jierfon 336 Abjolute CONTENTS OF THE APPENDIX. Page Abfolute furrender out of court — to the Jleiuard - 337 The like, — to two cofiyhold tmants to the ufe of a ivill ibid. M^ortgage taken out of court by two tenants - 338 Admittance by the lord out of court - - 330 Warrant by the lord to dijlrainfor copyhold rents 340 A leafe of a copyhold ejlate by virtue of a licence 34 1 A mortgage of a copyhold ejlate for one-and- twenty years, by virtue of a power given by licence to let - 343 General covenant to furrender copyhold ejlates - 350 Deed of covenant to furrender a cofiyhold ejiate^ by one ivhoje Ife v:as put in to fill up the cojiy - 351 Bond to furrender a cpyhohl cfate, by one whofe Ife was put in to fill up the copy - - 3C2 A declaration of truji, upon admitting two lives in rever- fion into a copyhold _ _ _ 3*4 An affgnment of a copyhold ejlate^ held for life, and cove- tiant to furrender into the hands of the lord of the ma- nor, in conf deration of an annuity payable during life 356 Condition of a bond to pay money advanced upon a condi- tional furrender _ _ _ qrg A condition of a bond to furrender copyhold lands, whcre- unto the obliger is admitted in truffor the obligee 360 Deedof enfranchifement - - - 361 Another deed of cnfanchifement, in which the lordrcferves the ancient rent, royalties, Isfc - - 363 A deed to fuffer a recovery in a court-baron, by plaint, ^c. . - - - 374 Precept to deliver pofjifion thcrco)i - - 376 Deed to levy a fine in cou>t of ancient demefne - 377 Form of a fine in a court of ancient demefne - 378 Deed of fetti lenient in contemplation of a marriage, oj a copyhold for three lives ~ - 380 Settlement after a marriage had in conf deration of a por- tion CONTENTS OF THE APPENDIX. Pase von paid to the hujband by the wife's father of copy- holds of inheritance - - - 3^3 Releafe of the equity of redemption of copyhold efate by in- dorfement on the mortgage - - 389 Provifo in a conveyance where freehold and copyhold pre- mijfes are comprized, in order to prevent a forfeiture of the c&pyholdy in caje any then J/iould^ through mif- take, be inferted and r chafed with and amongfi the freehold parcels - - 39^ Agreement and confcnt by the copyholders, freeholders, and inhabitants, and for the lord to inclofe part of a com- mon for the purpofe of planting and preferving trees fit for timber or underwood , purfuant to Stat. 29 G. II. c. 36. ... 393 Bargain and f ale of a bankrupt's copyhold eflate from the commiJTioners to the affgnees - - 394 Demife ofwaflefrom a lord to a commoner for ninety-nine years - - , - 402 Releafe of common by fcveral tenants of a manor to the lord ... - 403 Extrafi of the ic)th Charles IT. c. b,for redrefs of incon- veniences, by want of proof of the deceafes of pcrfov.s beyond the fe as, or abfenting thcmf elves, upon whole lives eftates do depend - - 407 The like ofc)th Geo. I. c. 29, to enable lords of manors more eafily to recover their fines, and to exemht infants and feme coverts from forfeitures of their copyhsld rfiatcs in particular cafes - - - 409 The like of i^th Geo. II. c. -^bjfor inclofing by mutual conjent of the lords and tenants, part of any common, for the purpofe of planting and prejerving trees fit for timber or underwood, andfor more cffeiJually pre- venting the unlavjful dejlrufi ion of trees • 415 Tht CONTENTS OF THE APPENDIX, Page The like of T^ph Geo. III. c, 90, /or granting to his Ma- jejly certain Jiamp duties on the fever al matters there- in mentioned - - - 419 The like of the 38M Geo. III. c. ^^,/or explaining and amending certain afis relating to the Jiamp duties^ and for extending the rates and duties ofjlamps, now payable on velluniyparchment, and paper, ta all ether materials ^ - - 421 I'RACTICAL TREATISE O F COPYHOLDS, &c. CHAP. I. Of Copyhold Tenure, mid of Manors, oIR Edward Coke^ and almoft all the writers on this fubjed, have derived the Tenure of Co- pyhold from the flate of villenage ; and, " though very meanly defcended," fays that great author, *' yet they come of an ancient houie.'* A cer- tain great Law Lord of the prefect day, who not long fmce filled the mofl; diftinguifhed ftation in this kingdom, to whofe judgment and opinion, as well as to whofe eminent learning and abilities, too high a veneration cannot be paid, doubts the fad, and alleges as a reafon for his opinion, the circumftance, that in thofe parts of Germany from whence the Saxcns emigrated into England, there exifts at this day a fpecies of tenure, exadtly the fame with our copyhold eftates ; and that there exifts, at this day, a complete Rate of villenage ; fo that both ftand together, and are not one re- B jiure Xjf CopylwJd Tenure, nure growing out of another, and by degrees af- fuming its place. See the note to the cafe or Grant and Aftle, in the lafl edition of Mr. Dou- glas's (now Lord Glenbervie) Reports.* "V^ln' called Whatever may have been the true origin, it is Copyhuld. nor to the prefent purpofe to enquire. As to their name, it is evident they were called Copyhold, bs- caufe of their being held of fome manor, agree- ably to its cuftoms, evidenced and preferved by the records or rolls of the courts of fuch manor j and the only evidence and afiiirance of the title, is a copy of fuch court-rolls of the manor, attefted by the fleward : and this tenure probably ori- ginated at a time wlicn the lords and great ba- rons of the realm, who had immenfe trads of land ?rfanted out to them by the crown, v.'hich they of thcrafelves being unable to cultivate, firft granted out to their vairals and bondmen certain fmall par- cels of, either as rewards for their valour and fervices in their inteftine wars, or as a confidera- tjon for their performing certain fervices to their * li! the cnle of Thruftout ex Dem, of Dank?, verfiis Ro- fi and this I hold the *' mofh probable etymology, and moll agreeing •• v.ith the nature of a manor ; for a mrnor, in '*• thefe days, fignificth the jurifdicflion and roy- *' airy incorporate, rather than the land or fcite.'* Co. Cornp. Coph.j. 31. 0/ what a ' i^5ancrs now confift, as tliey originally did, of nunor can- tlemefnes and fervices. The demefnes. Sir Ed- i-:iard Coke tells us, \verc termed Inlands, becaufe • the Lords kept them in ihcir own hands, for their ov.n immediate ufe.and enjoyment. The fervices were termed Ctlands, or probably Outlands, be- caufe thofe lands v/ere in the occupation and ma- nurance of certain tenants, who, in confideration of tlie prodts ariling from thofe lands, were bound 10 perform unto their lords certain duties and fervices. fiftS. aii^ of JSIcuiors, fervices. Co. Coph. /'. 2. A furrber divifion is to be found in the f\me author, both of deniefnes and fervices, fuch as bocklands and folklands of the deniefnes ; and of fervices ot luch as were free and honourable, and fuch as v^'ere bafe and fervile. The bocklands or booklands, fo termed becaufe they paffed by book or writing, were in effecfL the freeholds j and they were fometimes, for the Hime reafon, called Charter Land. Co. Lift. 6. a. atul N, 6. 86. ^. iV. 2, See aJfo Sumner on Gavel. 84. 112. 121. The folklands (probably fo called, becaufe they paffed by polls, or panol i that is, either by word and livery of feifin, or by the ackr.ovvledg- jfiient, or admiffion of the lord, and were claimed and challenged by the tenants ; and did not pafs by any affurance in writing, but were evidenced only by the folk or people, or pares ciir'ue) were the copyholds, and were diftributed among the common people at the difcretion of the lord, and might then be refumed by him at his pleafure. Of the fervices, fuch as were free and honour- able, confifted principally in attending the lords to the wars during the exiflence of the military- tenures j being the lord's cup-bearer at feafls or entertainments ; in paying rent, or in referving part of the common for the lord's cattle. The bafe and fervile fervices, confifted of low and menial employments ; fuch as plowing the B 3 lord's ® Of Copyhold Tenure^ lord's lai:ds, thatching his barns, fcouring his ditchcSj and the hke. If any thing remained of the manor, after the didribution of lands among the vaffals and tenants, and a refcrvation of fuch lands for the lord's owa immediate ufe and enjoyment, fuch undifpofed and unappropriated part of the manor was called, as it is ai this day, the Lord's Wafte. Manors were " Manors (alfo we are told) were formerly ed'^'^BaVonies' " ^^'^^^ Baronies, as they ftill are lordfhlps ; and and are nov/ " cach lord or baron was empowered to hold a fometimes ,, i n- n j i r^ -n r called Ho- domeiuc court, called the Court Baron, tor re- '^"^''' " drefiing mifdcmeanors and nuifances within the *' manor, and for fettling difputes of property ** among the tenants. 8ee BJackJi. Com. v. 2. p, " 90. '* In the early time of our legal confti- •* tution, the king's greater barons, who had a *' large extent of territory held under the crown, ** granted frequently fmaller manors to inferior " pcrfons, to be held of ihemfelves, which do ** therefore now continue to be held under a fu- *' pcrior lord, which is called in fuch ca{es, the " Lord Paramount over all thefe manors j and his " feigniory is frequently tcrm^ed an Honour, not a *' m.-mor, efpecially it it hath belonged to an an- *' cicnt fdcdal baron, or Iiath been at any time in '■' t!ie hands-of the crown." Black. Com. Ihld. A manor may confift of one or more villages and hamlets adjacent, or only of feveral houfes in a village, i J/?j7. y^.a. It is worthy however of ob- fervation, aiid of Miinors. \ fervatlon, tliat it is nor abfolutely necelTary that the feveral copyholds of a manor lliould be con- tiguous, for there are many manors in this king- dom where the copyholds lie feverally difperfed at a confiderable diftance from each other, and very frequently in different pari(l;es and hundreds * A manor may alio be either real or nominal. A real manor is as before delcribed j but a no- Mnnnr Hyre- minal manor, is fuch by reputation only, as in a P^-^^ 'O'"^- cafe where perhaps a lord (l"jall transfer to another the ferv'ices of all his tenants, and referve to him- feif the demefnes only ; or, if he transfers the de- rnefnes, and referves the fer vices. In both theie inftances, the lord hath but a nominal manor. Co. Comp. Coph. f. 31. If the lord grant away tlip inheritance of all his copyholds, the grantee has fuch a conftrudive manor as to enable him to hold a cuftomary court for the furrender and ad- mittance of the copyh.old tenants. 4 Co. 26. 6. Melurch's Cafe and Neale's Cafe. ^S^^^ Gilb. Ten, 196. A manor may alfo be divided j as if parceners T^^annr n^ay make a partition ot a manor, and parcel of the b«i ••''"Kit-d. demefnes and fervices are allotted to one, and par- cel to the other, each is laid to have a manor. But, if by dcicent tlie part of the one comes to the other, they Hull then unite and become one aianoj: again. 2 Rol. Ah'. 122. * See Kitch. 46. B 4 4 ^anor 8 Of CopyJioJd Tenure, &V. A manor may alfo be fLifpended for a lime, and revive again ; as in a cafe where the lord leaves the demefnes for years: during the exiltence of the leafe, the manor is fufpended ; but on the expira- tion of the term it fhall revive, i Leon. 27 — 8. How a ma- And laftly, a manor may be deftroyed ; and this^ dethoved. ^" feveral ways, as if, for inftance, all the freeholds efchesit to the lord, the manor is extind : for Mull be a ' ' court baton, there cannot be a manor without a court baron, or two freeholders within and holding of the manor; nor a court without two fuitors at leaft, fubjeft ro efchcar. 3 Durnfonl & Eaji. 447. Glover v, Laude. So if the lord purchafe them all in fee, the manor is extinft. 2 Roh Ahr. 122. But if a man be feifcd of a manor, whereto he hath ket and wreck by prefcription, and all tenan- cies cfcheat, yet the leet and v;reck remain, and he hath a manor to thefe piirpofes. Calih. 13. it may like wife be deftroyed by fevering the demelnes and fcrvices : but it is to be obferved, that when ihe feverance which deftroys the ma- nor, is by act of the law, it may be revived : as for inftance, if the demefnes are allotted to one parcener, and the fervices to anodier, and the one dies wiihont ilRie, whereby her part defcends to her fifter, the manor fliall be revived. 2 Rol. 122, I Leo. 204. CHAP. t 9 ] CHAP. II. Of ilie Copyholders i the Nature of their Rffate^ and in what refpe^Isfuch EJiates partake of the Nature of Freehold. V-^OPYHOLDS, as before obf^rved, were ori- ginally granted at the mere arbitrary will of the lords, and might at any time have been refiimed by them ; but through the indulgence and fupine- nefs of the lords, on the one hand, and the gradual encroachments of the tenants on the other, they are now, and have been for ages, become an ab- folnte and eftablifhed fpecies of landed property ; and though they are ftiil faid to be held at the will of the lord, ftiil that will is to be explained according to the cuflom of the relpeftive manors. ** But now (fiiith Sir Edzvard Coke) copyholders "' f!:and upon a fure ground ; now they weigh not ** their lord's difpleafure, they Ihake not at every ** fudden blaft of wind; they eat, drink, and fleep *' fecurely ; only having a fpecial care of the main " chance (ytz.) to perform carefully what duties *' and fervices foever their tenure doth exaft, and " cuflom require : then let the lord frown, the co- '^ py bolder cares not, knowing himfelf fafe, and not ** within any danger." But it is to be obferved, that although " the lord cannot ouft the copy- ♦' holder. 10 Of the Copyholders , ** holder, or do any a£l whatever to determine his ** interefi:, if he obferves the culloms of the ma- ** nor, and regularly performs his fervices ; and '* even if he fhould ouft him, contrary to the *' cuftom, the tenant may not only fue to the lord ** by petition, but may have an adion of trefpafs *' againfl him ; ftill for all this, the tenant has no ** eflate of freehold in him, for that always re- ** mains with the lord," S, 9. 32. 51, As thefe efhates were dependent on the will of the iords, they were alfo refuniable at his pleafure; yet while the tenant behaved himfclf as became him, he was permitted to retain his lands. Ac length, it was conceived to be hard to deprive his children ot their fubiiftcnce on the death of their fatherj and therefore they were often fuffered to retain the eftate on the fame conditions. This, from general ufage ripened into a kind of cuftom, and the common law, which always favoured free- dom, catched at every opportunity of rendering them lefs dependent on the lord. There are fome manors, however, in which ef- tates are faid to be held^ not at the will uf the lord, but merely according to the cuftom of the manor, and are then called Cuftomary Eftaies only,* as dif- tinguifhed from copyhold, which are held not only according to the cuftom of the manor, but * See alfo 2 Bl. Com. 149. chap. g. and the authors by him cited ; and alio 3. Burr. 1273. Stephenfon v. Hil!, an4 Bl. Law Traces Con fid. on Copybclds. moil; ilie Nature of their EJlate^ &c. I % moft cxprcfsly at the will of the lords. They are rometh-nes called Cuftoniary Eftates, fometimes Te- nants by the Verge, and fometimes After Tenants. Fide Kitcliin and 2 Roll. Ahr. But Calthorpe (oa Copyholds) fays, '^ that copyholds and cuftomary ** tenants, differ not fo much in natuie as ia ** namej for akhoi^ghfome are called Copyholders, ** fome Cuftomary Tenants, fome Tenants by the ^* Verge, fome Bafe Tenants, fome Bond Tenants,* ** and fome by one name, and fome by another, *' yet do they all agree in fubftance and kind of *' tenure ; all the faid lands are holden in one ge- *-^ neral kind j that is, by cuftom and continuaace " of time; and the diverfity of names doth not al- ** ter tlie nature of their tenure. It may be faid ** of copyhold lands as is aforefaid of the tenants; " they may differ in name, but not in nature; as " fome, called copyhold lands, fome cuflomary ** lands, fome bound lands, fome bafe lands, fome *' ancient lands, fome demefne land?, fome en- ** creafe lands, fome moUendes, feme wafte lands, *' fome worke lands, fome loofe lands, and fome ** verge lands. And although copyhold land be *' fpecially fo called, becaufe it is iiolden by copy ** of court roll ; cuflomary lands, becaufe of fome " fpecial cuftom ; bond lands, becaufe of the .** bond tenure; bafe lands, becaufe of bafe te- " nure ; ancient lands, becaufe of old demjfe ; *' demefne lands, becaufe of its new demife, and " late being iXi^loYiXh o'lvne majmour -, increafed *• lands. 12 Of the CopyhoJJers; ** lands, bccaufe it is late pnrclKifed, and laid to "'the mannour; mollands, becaufe it is holden '* by cafy rents, or no rents at all j wafbe lands, ** becauie it hath bee lately approved out of the *' walte of the mannour; worke lands, fuch a§ *' hath common appendant belonging to it ; loofe ^* lands, becaufe it is holden by uncertainty ; rents *' and verge lands, becaufe it is holden by the *' verge; yet all-the faid lands are holden in one " general kind, that is, by cuftom and continu- ** anceoftime, and the diverfuy of their names *^ doth not alter the nature of their tenure." — See CaJthorpe on Copyholds, 5 i . It mull:, notwithflanding, be admitted, that there is this material difference between copyholds and cuftomary freeholds ; that in the former, the copyholder is in by demife of the lord, whereas in cuftomary freeholds, the lord is only an inflru- ment; and in pleading a title to a copyhold eflate, it is fufficient to fiiew a grant from the lord ; but, in cuftomary freeholds, the efliate of the furren- dercr mun; be fnewn. Per Holt. C. J. i Sulk. 365. And where lands are granted, Tenendum^ " ac- *' cording to the cuPloiii of the manor," without the words, " at the will of ilie lord," there they arc cuftomary freeholds. Co. Lit. 596. A-^ S. Ancient de- There is bcfides another tenure, much of the meliic. {2cci\Q. nature with cuftomary eftates, which pre- vals the Nature of th'ir FJIatc, &c. vails in fome very few places in the kingdom, called Ancient Demefne. Ancient demefne confifts of thofe lands or ma- Dors which, tl.iough now perhaps gi anted out to private fubjeits, were actually in the hands of the (Tov.'n in the lime of Edivard the Cojifejfor^ or William the Conqueror \ and fo appear to have been, by the great furvey in the Exchequer, called Doomfday-Bock. 2 Bl. Corn, chap, 6. p. 98. The numbers and names, as well of fuch, ma- nors as belonged to the king, as of all others be- longing to common ptrfons, after a furvey made of them, he caufed to be in the fame book ; and fuch as appear to have at that time belonged to the crown, and are contained under the title Terra Begla, are called Ancient Demefne. Kltchin, 98. Of fuch tenants there were two forts j one who held their lands frankly by charter ; the other by copy of court-roll, or by the verge, at the will of the lord, according to the cufiom of the manor, Bullo72, o\ 66. Tliefe tenants are faid to have three privileges, who hold by charter. They cannot be impleaded out of their manor 5 and if they are, they may abate the writ by pleading their tenure before or after anfwer made. 2. They are free from toll for all things concerning their livelihood and hufbandry ; and, 3. They may not beimpan- nelled on any inqueft. F. A. B.fol. 14. D. and fol. 228. Copyholds I d. Of the Copyholders j In ibme ref- Copyholds may be faid, in fome refpeds, td hot^ds'parSe P^i'^^^e of the nature of freeholds ; for copyholders^ of the nature fays Sir Edward Cohc, have only a fee fmiple, fe^ of freeholds. r ■ ? , i t i -n ctimiitm quid', that though they are tenants at willy yet their eftates Hiall defcend to their heirs ; and fuch defcents fliall be governed by the rules of the common law, unlefs the cuftom of the particular manor fptcially direfts fuch defcent ; as \vhere the cuftom direds the defcent to the younger fon, the younger fon fliall take j but as the cuftom does nor fpecially dired it further, the younger brother fhall not (ucceed, for now the cuftom ccafing, the common law fliall prevail and guide fuch defcent. But in other refpeds they do not partake of the mature of freeholds ; for they are not affets in the hind of the heirs, and therefore not liable to cre- ditors, unlefs furrendered t© the ufe of the will, and by that made chargeable with debts. 2 Verii, 487. Vrac. In Chtm. 237. Neither is the equity of re- demption of copyholds affets in the hand of the cuf- tomary heir, to pay debts (whether bond or fimple contrad); but the heir may redeem on the terms of paying only tlie original mortgage. Copyholds are not alfers in point of law, to anfwer judgments or any debts; and are only liable by the fpecial con- trad of the owner : and therefore where freehold and copyhold lands are mortgaged, and there are bond-dcbis, equity will not oblige the mortgagee to go on copyholds only for a fatisfadion. 2 reni. 487* The i^ature of their Ejlatey &c, 1^ 487. P/v/f. Chan, 287. 477. Howe and others ^v. Ma)\ Eajhr^ 30 G, 2. m Chan, But if a bond- creditor comes ijtto equity to redeem, he fhall be let in to redeem both, and hold the freehold till fatisfadlion. Prac. in Chan, 37. . Neither fhall a woman be endowed, or a man be tenant by the courtefy of copyhold lands, without a fpecial cuf- tom J nor Oiall a defcent take away an entry j nor can there be an occupant of a copyhold efl'ate without the like fpecial cuftom. 4 Co. 6. 64. 2 Lord'Raymond, 994. A copyholder, asfuch, has no vote at the eledtion of a knight for the (hire, in refpedt to his copyhold eflate, whether he holds it at the will of the lord, or merely according to the cuftiom of the manor. See Stat. 31 G. 2. C. 14. BI. Lazv Tra6fs. Confid. on Copyholds, Co, Lift, 59' 6. But it is worthy of obfervation, that, though a copyholder has not, as fuch, a right to vote, yet a copyholder, as fuch, may be qualified to be elecled, if his copyhold be of the annual value tha: the flatute requires, i Black, Com. 176. By late fcatutes, copyholders may ferve on juries , which they could not do at common law. The Tequifites to form a perfed copyhold, are Requifites of three in number. The firil is, that it hath been ^ P^^/^" ^^- r r ■ • • pynold. 10 for time immemorial; for it cannot begin a: this day. Co. Lilt. 586. And therefore, if the lord grants land by copy, which has not been fo ■granted before, it is no copyhold. 1 Lfv. 56. But '6 Of ihe CopyhoUers ; But a continuance in grants by copy, for fifty of fjxty years, if it be without interruption, fixes 3 cuftomary eilate. 3 Leo. 107, CaUJi. 19. See The fecond i?, that ic ought to be parcel of and within the manor, Co. L. 58. But it is not ne- ceflary that it continue parcel of the manor; for if the lord grants the inheritance of all the copy- holds within his manor, whereby they are fe- vered from the manor, yet the copyholds remain. 4 Co. 26. Cro. EU%. 103. Tlie third is, that it ought to be at all times demifed, or demifable, by cdpy. Co. Litt. 58. And if the lord make a leafe for years, or any other eflate by deed, the demifable property is for ever gone. But though it has not always been demifed, yet, if it has been demifable, that is fuffi- cient : and, therefore, if the lord holds a copyhold (which had efcheated to him, or come to him by any or her means) in his hands, for many years, he may, notwidiQanding, afterwards demifc it by copy. Ca. ^.58. 1 Rol. 498. Furiherdif. Copyhold ellates may be granted in fee, which copyholds. ^^^ generally diflinguillied by the appellation of Copyholds of Inheritance ; and by cuftom, ope- ~ rating with the ftatute de Jonisy they may be granted in luiI. But there is alfo now, much in ufe, a fort of copyholds, of which the writers on Copyhold Tenures have very rarely and very flightly fpoken, namely, copyholds for lives ; for copy- The. Nature af their EJlate, &c. i 7 copyholds may be well granted for one, two, or three lives *, according to the cuilom of the ma- nor of which they are holdeii. And, laftly, By fpecial cuilom, copyholds may be granted in remainder and reverfion. Copy- hold eftates of inheritance, partaking, as before obferved, of the nature of freeholds, and go- verned by the rules of the commoh law, may be confidcred as the genuine and original copyhold ; and thofe granted for one or more life or lives, as a kind of (if the expreffion may be allowed) baftard fort, more refembling a leafe for lives than a real copyhold. In purfuing this fubjeft, therefore, copyholds will be always conlidered as of the firft fort, unlefs where otherwife parti- cularly fpoken of, as the latter fort. The two great incidents of copyholds of inheritance, name- ly, the defcent and entailing of them, will be con- fidered in the chapters of Defcent and Entailing Copyhold Efta;:es. Copyholds for lives are by cuftom. Lit. S. 73. And, in fom.e manors, eftates are granted for one or two lives only ; in feme for three j in feme with a widow*s eftate, or free-bench annexed; and, in others, with an executor year, after the * By the term, / aPxd muft be made out from cirr.umftances. Upon the whole, it feems now, however, to be pretty well fettled, from the determination of a great variety of cafes, that the party purchafmg, if he be the fole purchafer (that is) by paying the v/hole of the fine himfelf, has an abfolute controul over the efiate for the lives fo nominated in his copy : thofe lives are to be confidered merely as truftees, without taking an intereft in the efiate ; and he may difpofe of it in any way he thinks proper. Bur, on the other hand, if he niould make no difpofition 'of the eftate, or it fnould not appear, by any circumflances, that he purchafed for the advancement of his fon, or any particular perfon, but, perhaps, meant that each of the live?, in the fucceiTion they are nominated, fiiould have a bei\cficial intereft in the eftate, in che order they are nominated in the copy ; or, lafily, if it iliouid not "be made appear that the firll: taker was ilie fole purchafer, — in all thefe cafes, it fliould '^ehiihat the efiate muft go in the order of Inc- ccflion The Nature of their EJlate, &c, 21 ceffion pointed out in the grant, where the cuftoin of the manor is fucceffive : that is to lay, that cftates fliould go in regular fucceffion, as the re- fpedive Hves are nominated ; as, if a father fhouki purchafe a copyhold for his three fons, and die VYithout making any difpofition of it. — in this caft? he would be confidered as purchafing for the ad- vancement of all his fons ; and they would take according to the order of fucceffion. And in many manors, a cuftom has prevailed very generally, that where an eftate is granted to three fucceffive, and it does not appear who was the firft, or original purchafer, the lives take in prder of fucceffiion ; and, on the death of the firll life, the fecond comes in, and is admitted, and puts in a third hfe, and fo on in perpeluum. This, indeed, feems rather like purchafing in reverfion ; each perfon, in fucceffion, paying to t;he lords a fine for the putting in a third life, as he himfelf comes into poffeffion : and this is a very ufual mode of provifion for children. ISlot only all fuch perfons as are capable of tak^ Whoniallb^ ing a grant of lands by the common law, are ca- bei'ng'cr^py- pable of taking a grant by copy, according to the holders, cuftorn of the manor ; but Sir Edward Coke lays it down, that an infant, a man nonjatice memori.e^ an ideot, a lunatic, an outlaw, or an excommu- nicate, may be grantees of a copyhold eftate. But, in thefe cafes, the grant muft be made to the guardian prochein amiy or committee ; as nei-* C ? thcr 2:2 Of the Copyholders; ther of them themfelves can be capable ofdoing- their fervices, or of deputing any other to do for them. An alien may be a copyholder; and the king or lord cannot, it is faid, feize it. Calth, 52. This, however, feems to be upon the ground that the eftate is but an eftate at will, and there- fore quaere, " The lord himfelf may take a copyhold to *' his own ufe. One joint tenant may receive a *^ copyhold from the hands of his joint compa- " nion, becaufe it paffeth by furrender, not by " livery. " h feme- covert may be a piirchaferof a copy- *' hold ; and this purchafe fhall fland in force un- *' til her hufband difagreeih. Nay, farther, a *'^ ftme- covert may receive a copyhold by furren- '* der from her hufband, becaufe fhe cometh not " in immediately by him, but by mediate means, *' vi%. by the admittance of the lord, according to " the furrender. But the lord cannot grant a ** copyhold immediately to his own wifej it muft *' be through the intervention of a third perfon." See 2 IVilf, 254. Firehriifs ex dent Symes v. Vennant, " As the feme is capable of receiving a copy- " hold from the hands of the baron, fo, by fpecial *' cuiiomi, the baron may take a copyhold from ** the hands of his feme: for, in fome manors, ** cuRom doth enable \\\t feme to devife a copy- " hold to the baron. But this cuftom hath been ** im-' The Nature of their Fjfuie, &c. ^* impugned ; therefore I dare not judify the va- ** lidity of it." Co. Comp. Cop. S. 35. But that fuch a cuftom is good, fee Fitz/i. Ahr. Prefcr'ip. 61. Bro. Cujl. 56. 2 BrowTiL 218. Godhoh Ca. 2.^. Moore 123. 3 Leo. 81.; and the cafe of T(f/v/or and Phillips, i Fez. 229 ; where Lord Hardwicke feemed inclined to think, that fuch a cuftom might be good. The furrender, however, muft be with the confent of the hufband ; for it lias been adjudged, that a cuftom for :xfeme covert to furrender without fuch confent, is abfo- lutely infupportable. 2 IJ'^ilf. Stevens, ex denu IViJev, Tyrrell. C4 CHAP. [ 24 ] CHAP. III. Of zvhal I Jungs Copyholds may he granted^ and of ivliat not, v/Ffiich tl-.ings r.s are grantablc by copy. Sir Edivard Coke lays down the following general rule : " Generally, w hat things foever are parcel *' of the manor, and are of perpetuity, may be " granted by copy, according to the cuftom. *' But things that lie not in tenure, are not ** grantable by copy ; as rents, bailiwicks, ftew- *' ardlliips, commons in grofs, advowfons in *' grols, and fuch like : all which are incorporate ** hereditaments, and therefore no rent can iffue " out of them ; neither can they be held by any " manner of fcrvicc. Eur an advowfon appen- ** dant, n common appendant, or a fair appen- *' dant, may pafs by copy, by reafon of the prin- *< cipal thing to which they are appendant; and, *' generally, what things foever are parcel of the *' manor and are of perpetuity, may be granted *' by copy, according to the cuftom.'* Co. Cojyh, f. 42. The reafon why fuch things as are grantable by copy muft neceffarily be things of perpetuity, IS, that otheiwife it will not appear that there hath and of wliat not. 9-$ hath been a ciiftom' to demife them. A manor may be granted by copy, and ail lands and tene- ments within the manor. Co. L. 58* But, where a manor is granted by copy ; it cannot have free- holders, or a court-baron ; though it may have a cuftomary court for the admilTion of copyholders. Vid. 2 Cro, 260. 327. The herbage and vejiura ierra^ may likevvifs be granted by copy. Co.L.^3, 1 Sol. Ahr. 498, And common of pafture, without land, may be parcel of a manor, though demifed and demifable by copy of court-roll. Miifgrave v. Cave and Franklin, C. P. 15 G. 2. It has been faid, thai tithes may be granted by copy ; for they may be parcel of a manor, as well as a rent-charge. But, on this point, the authorities feem to differ ; and it does not appear to be perfectly fettled, whc-ther they are gantable by copy or not. Underwoods growing upon the manor, with" out the foil, may alfo be granted by copy, Co, Coph. So too, a mill, a market, a fair, a fiflicry, a common, and, in fliort, every thing that concerns lands and tenements. 4 Z^^o. 241. Cro. £. 413. Co. Lin. 58, &c. But the market, fair, or fifh- cry, muft be appendant, or appurtenant, to pafs by copy j for they cannot be granted lO, if in grofs, they not lying in tenure. Co. Coph. S. 42, Gill^. Ten. 313. 14. A grant, however, of demefne lands of a manor, which^ within time of memory, have been occu- pied l6' OJ what things Ccf^yholdT, &e. pied by the lord himfelf, or his farmer, cannot b^- a good grant, becaufe of the newnefsofitj and yet, by continuance of time, it may be good copy- hold, when the memory of the contrary is done away. Vid Callli. on Copyholds^ 54, c^e^. The fame author doubts whether, if a Copy- holder furrender his copyhold into the hands of the lord, merely to the ufe of the lord, the lord may grant this again by copy when he may, as it comes unto him by forfeiture, or by efcheat; be- caufe it is made parcel in demefne, by his own ac-- ceptance, and not by the a<5t of the law. It hath been held, that a grant of the wafte by- copy is void, unlefs it hath been fo granted time out of mind. 3 Reh. 124. But it has been fince determined, that the lord of a manor may make new grants * of part of the manor, to hold by copy, provided it be done with the confent of the homage. V'ld. Chan^ Caf. Temp. Lord King. •\. * By flatute 29 G, II. connmons may be inclofed for the purpofe of planting by confent of lords and tenants; but this cloth make new copyholds : and, by the flatutes of approvement, wafles may be inclofed, leaving fufficient common with egrefs and regrefs for the commoners. See an. LxtraH of the Statute 29 G. II. In the appendix. \ See 2 Durnf. and Eafi^^z^. Rowellv. jfodrrll^ and "JO ^y 7o'Mt.!ey V, Giiforty where it is laid down as law, that a copy- hold cannot be created at this day ; as no one, fuice the ilatiUe of ^^A7 Fjuptorei, can make a new tenanry^ or referve a right o( tfcheat to himfelf. And in the cafe of Roe ex dem,. cfNcM'.ncn V. Ne-M7nnn., 2 WilJ. 125., it wa? determined, that the grant of wsfte lands by copy, within time of memory, was i. , . . . . in remainder in fee, being an infant, does not bar, nor put the heir of the infant to a divn fii'it, infra ^taton. Cro. K. go. Cannot gr?.nt The lord cannor grant the cuflody of copy- of lands. hold or cuilomary lands, to a committee, ir his copyholder is a lunatic; nor the guardianfliip of his copyholder, if he be an infant, without a fpecial cudcm. Hob.zii^. Lut, 11904 — But if a copyholder dies, his heir being within the age ot fourteen years, his proclie'in amy fliall be a guar- dian to him, if there be no fpecial cuftom in the manor for it.. 2 RoL 40. It is liowevcr to be ob- fcrved, that in very many manors a cuftom pre- vails, ot appointing both committees of lunatics, and guardians of infants. — Thus, in all thefe fevcral points, it feems that the defcent of copy- holds is moll; m;iterial!y contrary to the rules of the common law. CHAPTER [ 33 ] CHAP. V. Of the Entailing Copyhold EJiateSy and the manner of barring and docking fuch Entails, JLt fcems to be now perfectly agreed, whatever the former difficulties may have been, that the Jiatute de donis of irfelf alone, creates no entail of copyhold lands ; and that for two reafons : — Firft, Becaufe copyhold lands are entirely ftibjed to the cuftom of the manor ; and, fecondly, Becaufe they are not included in the word Tenements, which has been underflood to comprehend only an eftate of freehold. But it the cuflom of a manor has admitted of limitations of remainders upon fuch gifts, then the cuflom of the manor, co-operating with the flatutc, may create an eftate tail. 3 Rej). 8, k Lord CoJ:e fays, That, by the cuftom of the manor (the flatute co-operating with it) copyholds may be entailed, for copyholds are not within the ftatute de donis ; but there cannot be an eftate tail in copyholds by cuftom only j nor an eftate tail by the ftatute only. The meaning of which feems to be, that eftates tail were before the ftatute, as to the manner of the limitation, by the cuftom of fome manors : as. That an eftate was granted ro a man, and the heirs of his body D begotten. 34 Of the Entailing Copyhold EJlatcs^&c, begotten, the remainder over to another ; but that, in other refpefts, thofe eftates vv'ere not eftates tail before the ftatute ; as that the tenant fliould noways aHen to debar his ilTue, or them in remainder; and that if he difcontinued, they fhould have a formedon in defcender or re- mainder. But thefe things were introduced by the flatute upon the eftate, which was the fame in limitation by the common law. See Bac. j^br. Though by cuftom, time immemorial, copy- holds may be entailed, yet it is not a lufficient proof of fuch cuflom that an eftate hath been granted to a man and the heirs of his body, for that may be a fee-limple conditional, as it was at the common law. But if a remainder has been limited over fuch eftates, and (enjoyed 3 or if the ifl'ues in tail have avoided the alienation of the ancefior ; or if they have recovered the fame in writs o^ formed on ^ in the defcender, thefe, and fuch like, be proofs of an eftate tail. Co. Litt. 60. — But if, by cuftom, copyholds may be en- tailed, the fame, by like cuftom, may be cut off. ■ WuL But it may be obferved, th.it although no legal eftate tail can be created without a cuftom, it does not follow, that an equitable one cannot be limited. The cuftom relates only to the te- nancy, and has nothing to do with the truft ; and, therefore, all copyholds of inheritance (be the cuftom of the manor, in this refpecl, what it will) may in efTecl be entailed. If a furrender be made to Of the EntalTmg CopyJwId EJiates^ &c. 35 to a truftee and his heirs, he is tenant in fee to the lord ; and the queftion, whether the lands may be granted in tail, is nothing to the purpofe, as they are here limited in fee. The lord has no- thing to do with the trufts, as the perfon having the legal eftate is tenant to him. The truft exifts only between the truftee and the cejiu'iaue truft j and muft, like other trufts, be enforced in Chan- cery. Neither feoffment, fine, or recovery at common of the mode law, can deftroy the entail of a copyhold eftate j of locking or ^ ^•' barring fuch. for all thefe being common law afllirances, have entails. no effed on copyholds. It has been faid, there are three different modes of docking or barring thefe entails ; namely. By recovery in the court of the manor, by furrender, and by forfeiture j but By commoa the ufual (and perhaps the only fafe and fecure) ^^"^^^^^y- way of doing it is, by recovery in the lord's courts ; which is always allowed where the cuf- tom to entail prevails, to avoid the danger of perpetuity in fuch copyholds. Moor^ 358. Recovery with voucher doth not, of common right, bar the entail of a copyhold eftate; but that as to the entailing of them, cuftom is requifite : fo without cuftom the entail cannot be cut oft. The reafons feem to be, that without an intended recompence in value, no recovery ftiall bind \ and the furrenderer comes in in the fojl, by the lord, and is not in the per by the party ; and fo no warranty can be annexed of common right : D z for 3^ Of the Entailing Copyhold EjiateSy &c. for no eftate lefs than a freehold is capable of common right, of having a warranty annexed to it. It has, however, in fome inftances been deter- mined, that entails of copyholds may be barred by the two other modes mentioned ; namely. By fur- render and by forfeiture. B/furrender. According to the cuftom of fome manors, a furrender is held to be equivalent to a recovery, and will bar the entails ; and in the cafe of Carr V. Singer, 2 Fez. 603. ; and ^Jh v. Rugle, and ■ the Dean^hc, of St, F aid's, i Vern.o^d-jy it was determined, that where the cuftom does not pre- fcribe any particular mode of barring the entail of a cop)hold, a furrender (although only to the ufe of the will) will be fufficient for that purpofe. But it is worthy ot obfervation, that Lord Chief Juf- tice WlUe:; differed from the other judges in that cafe, and faid, he did not think a furrender alone would bar ; and that the occafion of this method was from che ignorance of ftewards of copyholds, who know not how to fuffer a recovery, and iherefore chufe to do it by furrender. In the cal'e of Martin v. Mowlin^ in 2 Burr, . II. Hallv. Sharhrooke, But that he may fuffer a recovery appears clear, from the ana- logous cafe of a cejtuique truft in tail, fuflfering one of freehold lands. See 2 Cruife, 239. CHAP. C 39 ] o CHAP. VI. Of Cujioms. C( CUSTOMES," faith Sir Ed-zvard Cohe, " are wbat they are. " defined to be a law, or right not written ; which, ** being eftablilhed by long ufe and the confent of *^ our anceftors, hath been and is daily pradifed." Co. Coph. 5. 3 3 . In the-cafe of RatcUffe v. Chapman, 4 Leo. 242, the fame great authority fays,That there' are two 'pillars and cuftoms ; One the common ufage ; the other, that it be time out of mind : and therefore, upon the evidence given to the jury, the court enforced the parties which maintained the euftom to (hew prefidents in the court-rollSj to prove this ufage j and that without fuch proof, and that it had been put in ufe, although it had been deemed and reported to have been the true euftom, yet the court could not give credit to the proof by witnefles. Every euftom is local, and (hall be alleged Nature of it. not in the perfon, but in the manor, or other place ; and it is lex Jori ; for in fuch a particu- lar, it binds the perfons, or things concerned, as another law. Co. Lit. w^. Cuftom may be alleged in a manor, or other particular place ; in a city or borough, or in a D 4 couniy,. r' ^ Of Ciijioms. countjs as the tenure of gavelkind j but it cannot be alleged for the whole kingdom, for that is the common law. Co, Lit. 113. Kit. 105. Is to be time Continual ufage and praflice from time, where- cut of mind, of no memory is to the contrary, makes a cuftom. Dav. 32. Lilt. S. 170. Every cuftom that is not contrary to reaforx may be allovi'ed. Co. Litt. 62. But a cuftom may be reafonable, though it be contrary to a rule, or maxim of law ; as for inftance, the cuftom of gavelkind, that all the fons ftiall in- herit ; or borough Englifli, that the youngeft fon only (hall inherit. Co. Litt. 140. And the rea- fonablenefs of a cuftom is to be confidered, not from the rules and maxims of the common law (for there is no cuftom but what, in fome point or other, overthrows the common law) but from the conveniency of the thing. Gilb. Ten. 307. A cuftom may alfo be reafonable, if it be for the common benefit ; even though it tends to the prejudice of any particular perfon ; as a cuftom to make a bulwark, for defence of the realm, upon the land of another ; or to dry his nets upon the land of another ; or to turn his plough upon the headland of another. A cuftom (liall be deemed reafonable which may have had a reafonable commencement, though it need not have a lawful commencement. As a cuftom, that one Ihall have liberty to plough and Of Qtjtoms. 4 J and fow, and after the com is carried away, an- other fliall have the land as his feveral ; and that a commoner (hall not put cattle upon the com- mon, after the corn is carried away, till Mi- chaelmas now here : though it does not appear that thefe cuftoms had a lawful commencement, yet it is to be prefumed, they had a reafonablc commencement ; for a cuftom cannot be good or reafonable, which cannot have had a reafon- able commencement. Dav, 32. 6 Co. 60. Kif, 104. 105. A cuftom may alfo be reafonable, though the right of another be reftrained. For example, A cuflom in reftraint of trade^ as a cuftom that the lords may have a bake-houfe for his tenants in the vill, or manor, and that none elfe fliall bake there to fell. Or that all the inhabitants of a vill, or manor, fhall grind their grain at the lord's mill. I Rol. 559. A cuftom ought to be certain, otherwife It . , . . . . . . Mnft t>c fhall be void ; ard if it be difcontinued, it is gone, ccnaw- Dav. 2^' — It is, however, worthy of obfervation, that an interruption which deftroys a cuftom, muft be an .interruption of the right iifelf, and not merely of the exercife of it. Co. Litt. 114.^. Thefe are the general rules relating to cuf- toms : and cuftoms are as various, and almoft as numerous, as manors themfelves. " Should I," faith Sir Edward Loke^ " go about with a cata- ^* logue of feveral cuftoms, I Ihould with Syfi- (3/ Ciifioms. *' phuSy Jaxum volvere, undertake an endlefs ** piece of work." Co. Coph. S. 33. It may be proper, however, to remark, that fome cuftoms are fo very general, as to extend to all manors ; and thefe are warranted by the com- mon law, and the courts are bound to take no- tice of them. But there are befides, particular cuftoms, that are peculiar only to fome manors ; thefe are to be conftrued ftridly ; and the courts are not bound to take notice of them, unlefs fpecially pleaded. General cuftoms are fbch, as that every cop)- holder may take hedge-bote, houfe-bote, and plough-bote, upon his copyhold. That every copyholder may make a leafc for a year, and fiich lefTee may maintain an ejedl- ment ; for as the common law warrants fuch a leafe, fo it gives him a remedy for the recovery of it. 460.26. Cro. £. 461. That a copyholder may furrender to the lord by attorney, in court or out of court, or to the fleward, and even out of the manor : but it has been held, that he cannot furrender by attorney to two cuftomary tenants, without a fpecial cuftom. 9 Co. 79. /'. Co. Lift. 59. ^. and iV. 6. What a copyholder may, or ought to do ; and what not, the cuftom dircds. Co. L. 63. A, And cuftoms of one manor (hall not be given in evidence of, or govern, the cuftoms of another n>Anor, Of Ciiftoms* 4;^ manor. See the cafe of the Duke of Somerfety v. trance a 7id others, 171 i S (range y 654. Some of the mod confiderable and important Special ^ • , n r II CuilumS. ipecial cultoms, are as tollovv : — Firft, A copyholder may by cuftom be tenant Tenancy by by the courtefy of a copyhold, which he has in ^"« =o*irtcfy» right of his wife. But the cuftom fliall be taken ftridly. — And therefore, although the hufband Who (hall of a woman, having a copyhold eftate at the ^^^ ^ ' time of the marriage, fhall be tenant by the courtefy, yet if the copyhold defcends to the wife during coverture, he (hall not be ; and the reafon is, that (he was not a cuClomary tenant at the time of the marriage, and fo not within the cuf- tom. See the cafe of Sir John Savage. 2 Leo7u 109, 208.* Secondly, By fpecial cuftom, the wife inay Dower and have the lands of her hufband, after his death, ^^'^^ Bench, for her dower, or free bench ; or a moiety only, or third part of his land, or only the fourth part : or the whole or a moiety only, dumfola et cafla vixenfy or during her widowhoo:!. 3 Lev, 385. Co. L. 33. 37. Kit. 105, Hob. i8i. Sometimes the wife, by fpecial cuftom, fhall ^y^^^ ^^^^ be admitted to her dower after the death of her have it. * The cafe of Sir yohn Savage, was on the firfl argument by Hoh C. J. and Powell], denied to be law ; but it is with great deference fubmitted, that that cafe went entirely on the cuftom ; and in the cafe of Clments v. Sindamorey in i P. W' 69, exprefsly fo ftated. hufband^ ^^ Of Ciijloms. hufband, and fhall pay a fine, and fometlmes fhe fliall have it without admi/Tion, as an excrefcence from the eftate of her hufl:)and. Kit. 123. /Zo^. 181. And though the wife be divorced a men/a €f ihnroj yet Ihe (hall have her dower. Ibid. If a furrender be made to the ufe of ^., and A. die before admittance, and his heir be after- wards admitted, the widow of A. (hall have her free bench. 5 Burr, ^'jS^. Faughan dem, . ^thns V. Atliins. So it feems, that a widow fhall have her free bench, though her hulband, Vs^ho fucceeded as heir, was not admitted. See Gilh, Ten. 271. c. WatVins on Def cents ^ 53 and 54, notes. But if a man, before marriage, fettles on his wife, part of his real eflale, for her jointure, ia bar of all dower, which fhe may claim out of any lands, tenements, meflliages, and hereditaments, of which he is, or fliall be feifed of freehold or inheritance, (he cannot claim her free bench in copyholds piirchafed afterwards. Walker v. Walker^ J\I. 1747. i Fez. 54, Yet a jointure of copyhold lands is no bar of dower as to freeholds. See Gilh. Ten. 1 70. It has been held, that a widow of a ceflu'ique trufl of a copyhold eflate, ought to have her free bench as if the hufbond had the legal eflate in him. 2 P^c^n. cgj^. But the better opinion fecras to be, that a widow of a cefiinqiie truft of a copyhold eflate, is not cr.titled to her free bench ^ OfCiifioms, . 45 bench ; and in the cafe of Goodwin v. JVitiJinore, 2 AtL 525, Lord Hardzvicke decided againil fuch claim of the widow. If the hufband be a bankrupt, and his copy- hold is fold by the commiffioners under a com- miflion, the widow fhall not have her dower, for the hufband did nor die tenant (as he ought by the cuftom) though the bargainee was not admitted. Cjo. Car, 569. In the report of this cafe, the cuftom is ftated to have been, that if a copyholder feifed in fee, dieth, having a wife at the time of his death furviving him, that flie fliall kave and hold the faid copyhold land during her life, and for twelve years after. And, if the hufband furrender to^., and dies, and afterwards A. is admitted, the wife fliall not have her free bench : for upon admittance, ji. fhall be in from the time of the furrender. 3 Lev. 385. I Salk. 185. And fo ruled in 4 Burr, 1961. and c^ Burr. i']2>^. But the widow of a furrenderee, who died before admittance, is en- titled to her free bench. See 2 IT'ils. 16. and I Term Rep. 600. The widow of one attainted for felony, and executed, fhall not have her free bench without a fpecial cuftom ; and Lord Chief Baron Gilbert fays, fhe fliall lole it, tliouph there be no ([^eciii] cuftom. Glib. Ten. 227. 305. Thirdly^ Of Cujloms, Thirdly, It has been h€ld, that by fpeckl cilf- torn, a copyholder may make leafes for three, nine, or twenty-one years, without licence from. the lord, and thereupon maintain an ejedlment. Kit. 102. 4 Co. 26. If a copyholder has a licence to leafe, he ought to purfue his licence ; otherwife, his leafe is void. Cro. EJiz. 395. If a copyholder makes a leafe by licence, the lelTee may afiign without licence, or he may make an under leafe ; for the lord, by his licence, has parted with his intereft. 1 Rol. 508. Fourthly, By fpecial cuftom, a copyholder fhall have common within the wafte of the lord, or in aJieno Jolo. And a fingle copyholder may^ allege this cuftom. 4 Co. 32. u4nd fee i Saund. 324. Hofklnsv^Hofkins and others. And by fpecial cuftom likewife, a copyholder may have efto- vers, or other profit within the wafte, or woods of the lord. Ibid. But the copyholder may take Beceffary eftovers, fuch as houfe-bote, cart-botc, fire-bote, &c. without a fpecial cuftom, if there be any on his copyhold. Nay, there muft be a fpecial cuftom to reftrain him. Seepofea 99, and Gdb. Ten. 221. In the cale of the Dean and Chapter of Ely verfus Ifarren^ 2 Atkins 189, a fpecial cuftom to dig up the lord's foil for turf, was held to be a good cuftom ; for as fenny and marHiy lands are often overflowed, and lie buried under water for fevea 0/ Cupms. 47 feven or eight years, and produce no profit at all to the copyholder ; therefore, by way of com- penfation, when the water is drained, and the land improved, from the additional loil brought by the floods, the copyholder may be entitled to common of turbary. It was in the fame cafe determined, that the copyholder only, and not an occupant, who is only a tenant at will, can have a right to a common of turbary. If a copyhold, to v;hich common belongs, ef- cheats, and the lord by deed grants it, with all common appurtenant, or ufed with it, the grantee fhall have common, for it amounts to a new grant, though the ancient common was extincl. Cro. Eliz. 794. And if a copyholder has common out of the manor, and he be enfranchifed, his common flill remains, for it belongs to the land, i Sa/k. 170. If by enfranchifement common be extinft at law, equity will after decree its continuance. See 2 Fern. Sty art v. S taker, 250. Fifthly, By fpecialcuftom, a copyholder in fee, or a copyholder for life, who by cuftom names his fucceffor, may cut down trees and fell therxi, at his pleafure. But a copyholder for life merely, cannot, i RoL Al>r. 560. In what cafes the tenant is allowed to cut tim- ber, and where the lord has a right to cut and fell timber, and where he has not, is more fully en- tered 4S Of Cujfoms, tered into in the title Forfeiture ; under whichi head, the fubjedl feems more naturally to fall. ^oinlT^ar' Sixthly, By fpecial cuflom, the lord may ap- «iiaa. point a guardian to the infant heir of his copy- holder, or give the cuRody to his bailiff, whc? fliall render an account ; and if the copyholder be a lunatic, the lord may, by virtue of fuch cuf- tom, appoint a guardian or committee of his cuf- tomary lands. Kit. 103. Hob. 215. By cuftcm, the heir, at the age of fourteen years, may chufe a guardian for hirnfelf. Kit. 103. — But if theie be no fpecial cuflom in the manor for it, his procJicin amy fliall be a guardian to him. This cuflom of appointing a guardian, or corn- mittce, though it certainly is a fpecial cuftom, and in thofe manors where it has not prevailed, the lord has no fuch power; yet it may be ob- ferved, that the cuftom does, in point of fad, exifl in very many manors, Jlnd almofl fufficiently fo to rank it among the general cufloms. Thefe are the principal of fpecial cufcoms. There are, no doubt, very many others j but for them we mufl fearch into the records of individual manors. WhitfUallhe It hath been adjudged, that if the cuftom of a ^VLyUvKxszi o'i "^^"0^^ ^^^> ^'^^^ '■he lord may demife the copy- :iie cuftom. holds in fee, he may demife them for life, years, or at will; for thefe eflatcs are included within a fee, which is the greater. Alfo, if the cuftom of Of >CiiJloms. 49 cf the manor be that the lord may, folummodoi demile his copyhold land in fee ; yet he may dc- mife it for life, years, or to a perfoii and the heirs of his body, though there were never any fuch eftates made before ; for the \Nord folummodo IS not to be taken fo ftriflly to reftrain the lord fro.n this liberty, which the law gives him upon the general cuftom, but that he hady3/z^w;;;o<^(9, to grant in feej which does not take away the liberty which the law gives. Mich. 37. Elh. B. R. Staunton and Barnes, Cro. E. 't^'jt^, PL 20. If cuftomary land hath, been of ancient time* grantable in fee, and of late time, for the fpace of forty years, the fame hath been granted for life only, yet the lord may, if he pleafe, refort to ■ his ancient cuflom, and grant it in fee. Enjier^ 29 EViz, Kemp and Carter^ i Leon, 56, p. 70, in the Common Pleas. And it was alfo adjudged in the fame cafe, that if cuflomary land within a manor, which hath been grantable in fee, efcheats to the lord, he may grant the fame to another for life ; for the cuftom which enables him to s:rant in fee, fhall enable him to grant for life; and after the death of the tenant for life, the lord may grant the fame again in fee, for the grant for life was not any interruption of the cuftom. If there be a cuftom to grant copyholds to two or three for their lives, and the life oi the ilirvivor to hold feparately in iuccefnon, et non aVitery the lord may grant to one and his afligns, Ju to 5o Of Cujlonis. to hold for the lives of three perfons and the life of the furvivor ; and, notwithftanding, he may- be intitled, by the cuftom of the manor, to an herior, en the deatli of every fuch perfon, fuccef- fively dying feifed. Smartle v. Perhalloiv. Lord Raymond's Rep. 994. A cuftom that copyholds fliall not be furrendered to the the ufe of a will, is bad. 3 Bro. Ch, Ca, 286. CHAP. [ 51 ] CHAP. vir. 0/* the Lord and Steward, and_ of their Authority. First of the Lord. IVLANORS, as k was obferved in a former chapter, were originally granted by the King, to the lords and great barons of the realm, and fuch only as fat in the upper houfe of parliament. But they were afterwards granted out to inferior per- fons, who ftill retained the title of lords, and are at this day not only in the hands of individuals poflefling no degree of rank or eminence what- ever, but are alfo, and not unfrequently, held and enjoyed by corporate bodies, either civil or eccle- liallical ; and fometimes by women, who by the fame courtefy that men are now called lords of m:i.- i\ovSi SLTC c-jWod /ernes /eigfiiorej/es, or ladies of ma- nors. In fome cafes, and on fome occaiions, the law The law ref- tieither refpeds the quality of the pcrfon of the qfifi-t^of hi* lord, nor the quantity of his cftate ; as in volun- p-'iion. tary grants made by himfelf, if he be an infant, or an idiot, or a lunatic, or an outlaw in a perfonal action, he is ftill capable of making a voluntary grant. And if a feme feigriwrc[fcy or lady of a manor, Qiould marry, and afterwards with her huf- E z band his eflate. ^^ Of the Lord and Stew aril, band jointly make a voluntary grant, ilie and her heirs (hall be bound by the grant. And the rea- Ibn given by Sir Edward Coke x^, " becaufe the " cufl-om of the manor is the chief bafis, upoa " which {lands the whole fabric of the copyhold *' eftate ; and therefore what cuftom doth con- *' firm to a copyholder, the law will ever allow, ** and never feek to avoid it." Co. Coph. 79. 107. See alfo GUheri's Treatife on Tenures^ 184. Quantity of Neither is it material, fo that the interefl of the lord be lawful, what is tne quantity of his eftate 5 that is to fay, whether he be tenant in fee, or in tail : tenant in dower, or by the courtefy j tenant for life or years ; as guardian, or as tenant by fta- tute J tenant by elegit, or even tenant at will : for the leaft of thefe eftates is a fufFicient v/arrant to the lord to grant any copyhold efcheated to him. And thefe grants fhali ever bind them that have the inheritance, frank-tenement, or fee of the ma- nor. Co. Coph. J, 34. And the reafon given is, that a copyholder, up- on voluntary grants made by copy, dorh not de- rive his eftate out of the lord's eftaie only, for then the copyholder's eftate fliould ceafe when the lord's intereft determincth. But the life of the copyholder's eftate is the cuftom of the ma- nor ; and therefore whatfoever befalleth the lord's intereft in the manor, be it determined by the courle of time, by death, by forfeiture, or other means; yet if the lord were legit imiis domimis pro tcmpQref and of their Authority. 5 j tempore^ how fmall foever his eftate was, that is enough ; for the fame cuftom that fixeth a copy- holder inftantly in his land, upon his admittance, will likewife proted and preferve his interefl: to the end. Co. Coph. But a lord, by a defeafible title, cannot make voluntary grants, fo as to bind him who has the right. Co. Lift. c^Z. And entry, or recovery of the manor by the dilTeifee avoids. R. Poph. 71. The authority of the lord, according to Sir Authority of Edward Cole, confifleth " in puni filing offences ^^''^ '" *' and mifdemeanors committed within his prc- " cindls J as non-performance of cuftoms, breach *•' of by-laws, not difcharging of duties, and fuch *' like." — Secondly, In deciding controverfic-; arifing about the title of copyhold land lying within his bounds; and when he is fitting in his court as judge, he is confidered as a chancellor, and not bound by the ftrict rules of law% but may redrefs matters in confcience, upon bill exhibited; of which Sir Edward Coke gives this inftance : — ** If I furrender a copyhold to the ufe of a {Iran- «' ger, upon confidence that fuch debts being by *' me difcharged, he fhall lurrender back the co- ** pyhold : I, upon difcharge of the debts, de- " mand a furrender, and he refufeth ; at the com- ** mon law I were left remedilefs, this being a *' bare confidence and no condition ; but upoa ♦' bill exhibited in the lord's court, I fhall be re- ** lieved \ for the lord, upon proof of the matter, E 3 *' naay ^ j. Of the Lord and Steward^ *' may feize the copyhold, and re-admit me, ac- '« cording to the eficd: of the confidence." Co. Coph. 44. See alj'o 1 Leo. 2. Admitting. And thirdly, The lord's authority confifteth in admitting tenants to their copyhold eftates ; which he may do, either upon voluntary grants, furren- ders, and upon defcents in any place he plealeth, as well out of the manor as within it. Co. Copy- ho I defy f. 44. Unlefs indeed in thofe manors in v^hich there be a fpecial cuftom (as in fome there is) that all admittances, as well by the lord\is the lleward, fliall be made in the court of the manor. In the Supplement to Sir Edivard Cokeys Com- plete Copyholder, f. 17, it is faid, that the lord hath fuch an abfolute interefl: in his manor, that he may hold a court within his manor at what time he pleafeth : but is not compellable '"^ by his * This mufl be nndeillood to mean by action, as he cer- tainly is compellable by fubpccna in Chancery, and the court will grant a mandamus to admit a furrenderee ; for although in the cafe of the King againrt Rennett, 1 Durnford and tajiy 197, the court refufed a mandamus to admit a copyholder claiming by defcent, yet had no doubt but that a mandamus ought to be granted, to compel a lord of a maHor to admit a copyholder, if a proper cafe were laid before them ; but as the pnrty, in that cafe, making ihe application claimed by defcent, it could anfuer no purpofe to grant the mandamus, iince he had as complete a title without admittance as with it, againft all the world but the lord. And in the cafe of the King againft the lord of the manor of Hendon and Richard Troivard., fteward of the manor, 2 D urnford and Eaji ^ 484, the couit granted a mandamus to compel the lord to admit a per- fot: to whom a copyhold was furrendered. copyholder and of their Authority. S5 copyholder to hold or call a court, to accepr of a liirrcnder ; but if he doth accept of fuch a hirrea- der of his copyholder out of court, the fame is good, whether it be to his own ufe, or to the life of other pcrfons ; and as the lord may him- felf accept of a furrender out of court, foiikewife may the lord himfelf grant new copies of the lands out of court, and fuch grants fliall be good. But the lord himfelf cannot hold his own court for any of the purpoies aforefaid. -^^fcr. in I he Cafe of Jl'ithers v% Ifeham, Djer, 70. c. ^L 41. But the lord himfelf may give authority unto others, to take furrenders to the ufe of others out of court j and fo may his fteward, or under-fteward, give conditions to others to take the like furrenders. out of court to other ufes ; which conditions fhail be in the nature of a dedimus pot ejia tern. By the cuf- tom alfo of many manors, the lord has a riglu to appoint guardians to an infant copyholder, and a committee to a lunatic, and give him the cudody of his lands. And in others, he has the probate of wills, and the granting letters of adminiflra- tion of the effeds of a deceafed tenant. But thefe rights, it Ihould feem, are folely by cuftom ; tho* it is faid, by Lord Chief Baron Gilbert, in his Treatlfe on Tenures, th.it the lord may do it, com- 7nunijure\ and the copyholder cannot, by his lafl: will and teftament, appoint another guardian : but this has been doubted. And though the fariie great lawyer obferves, it was refolved ia the cafe E 4 of. cG Of the Lord and Siezvardf o^ Evers and Skinner, Cro. Jac. 105, that the lord flioiild have the cufiody of one, that was mutus et furdus, and no cuitom was laid jand the queftion was between the frocJie'in amy and the lord ; and the reafon given why the lord Ihould have the cuftody, is, bccaufe othervvife he would be pre- judiced in his rents and fervices, which reafon ex- tends as well v/here there is no cuflom, as where there is j and if the ciiftody of one that is, mutus etjhrdus^ of common right belong to the lord, by the fame reafon of one that is lunatic. The lord alfo may, out of court, grant licence ro a copyholder, to demife or alien his copyhold by <\zqC\. Co Coph. f. 44.* Of the SlEWARD. Of the Ste-wv- ** The word Steward, (liys Sir Edward Coke^ ^"^ A^ \'L^';"T " is derived from the words fiede and ward; and *' fo any that doth fupply another's place, or that " is in any employment deputy to another, may, " according to the true fenfe of the word, be " termed a iieward, as the high fteward oi Eng- * It has been held, that the ftat. 12 Car. 2. c. i4, does not extt'iul to copyholds : and coiilccjiicntly a father cannot be a teflaiiientary guardian, as to the copyhold lands of his child. 3 Li.o. 395. Church v. Cudmore- i. Lord Raymond 1^2. Co7n. Dig. Cnph. K. 5. Yet it llioiild feeni, that the father may appoint a guardian as to the perfon of his child. See Stat. c)G.i, c, 2C), fwft Jppe?idix. and of their AiUhority, 57 ^« lancl^ becaufe the King appointeth him, in di- *' vers matters, to exercife his place." A fteward ought to be fidel'is^ difcretusy &V. Tletdy lib. 2. c. 66. And orlginaliy, ftewards were men of rank, and eminence in the profeffion of the law*, fuch as ferjeants at law, and othegs. The whole authority of the fteward is derived from the lord, for he reprefents the lord, and in his abfence fits as judge in court, to punilh of- fences, redrefs injuries, and the hke. And there- fore fince, faith Sir Edward Coke^ the fteward has this meafure of authority and confidence com- mitted unto him, the lord fliall do very well to be very careful in making choice of his fteward ; for, if he be defe(5live in any one of thefe three qualities, knowledge, truft, or diligence, the lord may be very much prejudiced and damnified : therefore Fleta wifely giveth the lord this council : ** Prov'ideat fib'i dom'mus, defenefcallo circumfpe^Q^ et jideli^ et pacificoy et modejioy qui in Jegihus, con- Jucludinilmfquey provinciie, domini fui^ in omnibus tueri, afe6iet, quique, Ballivos do??iini, in fuis erro- ribuSy et ambiguis,fciat injirtiercy et doc ere ^ quique egejiisy parcerCy et nee prece vel pretio, velit a tra- mite, juftitia deviare, et perverfe judicare,"' Co. Coph.f. 45. * Note. That the high flevvards are for the moft part men of honour, and great men by patent; and their under fie wards are men learned, and are appointed by them, and with patent. Kitc^in o» Courts, The Of the Lord and SUisuard, The office of a fteward is a requlfite in every manor, inafmuch as it has been held, that the lord of a manor cannot hold his own courtSj but murt appoint fomc one iiis (leward. See the ar- guments In the cafe of JVithers V. Jfcham. Dyer's Rep. 70, hejore mentmied^. And the reafon feems to be a good one; for in the court-leer, the ftev/- ard is himfelf the judge ; and in the court-baron, be is a fort of recorder, or rcgiftrar. A fteward may be retained by ^^(izd., or by pa- rol ; and a retailor by parol may be as well for a court Icet as for a court baron ; and is as effcc- * Mr. Watkins, in hisTreatife on CopyholiJs, almoft feems to ridicule this idea; and as to the cafe in Hyer^ he fays, *' That what wss uiged arguendo in that cnfe, %vas only to- prove that a lord could not be his own Heward ;" or, in other rerrns, *• That a perfon could not be his own deputy. He then adds, " Which, fuicly, dees not require any legal au- rhority to convince us of, fince, as reprefentation muft necef- farily exclude identity, fo identity mull neceflarily exclude re- prefentation." — This latter pofition is fo obvious, that no one, jt is prefamed, will difpuie it. But with all deference to Mr, Watkins, this is not n (picfiion of reprcientation ; for the two charaftcrs of lord and fteward are perfectly diftim'it ; and rf, btfides the authority of Sir Edward Coke, the cafe in Dyer, and the analogous cafe (}Uotcd by himfelf from z Shower^ 180, any other argument was iicceflTary to maintain the allertion, a very Arong one may be drawn fiom the reafot>und propriety of the thing ; and from the immenfe train of precedents, in which the language is moft univerfally the fame, conftantly naming the fteward, as well as the lord, in the flyle of the court ; and although the lord is faid to grant, yeVthe fteward, in *il cafes, is faid to deliver fciftn, tualj and of their Authority^ 59 tual, in points before Jifcharge, as the mod effec- tual inftitution by patent : for a lleward thus re- tained, may take furrenders out of cor.rr, or make voluntary admittances, or do any other a(5l inci- dent to the office of a ftevvard, as well asaftevvard inftituted by patent. Co. Coph. 45. But in the King's manors, a ftevvard mufl be by patent. Ih'id. As in fome cafes, and on fome occafions, the law refpedls neither the quality of the perfon of the lord, nor the quantity of his eftate, fo it nei- ther refpeds " the imperfeftions of the fteward's *' perfon, or the unlawfulnefs of his authority. ** For be he an infant, or non combos mentis^ an " idiot, or lunatic ; an outlaw, or an excommu- *' nicate, yet what things foever he performcth, ♦* as incident to his place, can never be avoided ** for any fuch difabliity ; becaufe he performeth *' them as judge, or at lead as cu{lom*s inftru- " ment.** Co. Coph.f. 45. The authority of the fteward, it may be ob- ferved, in the abfence of the lord, is much the f^me with that of the lord himfelf, and differs only in a few points. In the court leet, the fteward may take recog- nizances for keeping the peace. 4 Injt. 263, 264. And he has alfo a power of puniQiing by fine, for any mifbchaviour in court, as was de- termined in the cafe of the Earl of Lincoln v, f'ijher, Mo. 470. A fleward may make a de- puty. Of the Lord mid Steward, puty. Co. Lit. I //. BJnckflone. Term Rep. i6^. But it is of importance to him to confider whom he may entrull as his deputy ; and it is conceived that he mull have a power to depute in his own appointment ; for he cannotj de communi jure, make an under-fteward, except in cafes of neceffity. As if an office of ftevvardOiip defcend unto an mfant, he may make a deputy ; becaufe the law prefumeth he is himfelf incapable to exe- cute it. So if it be granted to an Earl, in refpeil of the exility of the office in a bafe court, and of the dignity of the perfon who h prepofitus comita- iitSy and had in ancient time the charge and cuf- tody of thevv'hole Hiire, whofe attendance the law intendeth to be mod neceilary upon the King and the Commonweakh ; therefore, it is implied m the law, for the conveniency, — that he may make a deputy, for whom he ought to anfvver. Co, Coph. 46. and fee Vin. tit. Sfeivard. If two are joint ftewards of a manor by patent-, and one of them holds courts and makes grants, it is lufficient : and if the clerk of a fteward holds a court and makes grants^ it is likewife fufficient ; for the tenants cannot examine his authority, neither need he give them an accoun: of it. R.Mo.iM. It has been held too, that if a deputy take a furrcnder which is not purfuant to his authority, it is neverthelefs fufficient ; as if he were to take a furrender in fee, and inftcad of that he takes a con- and of their AuthorUy. 6 1 conditional (urrender. i Leo. 289. But th« roll muft be amended. Tliefteward, however, may not grant contrary to the command of his lord j and if he do, it is void. do. El. 699. A fteward may take a furrender out of court, even though it be to his own ufe, and though the fteward be retained only by parol. R, 4, Co. 30. Cro. i?: 717. 2 Cro. 526. A fteward may alfo, out of court, privately examine a feme covert without a fpecial cuftoni to warrant it. R. 2. Cro. 526. ' If a fuitor, prefent in court, refufe to be of the jury, or make any contempt or difobedience in the court leet, the fteward may fet a fine upon him, without affeering by affeerers *, which may be defined to be an enquiry into the reafonable- nefs of the fine ; but when one is amerced by the * The word ^_feer has many derivations ; but the mofl pro* bable one feems to be, that derived from the French word a^er ; which is the fame as affirmare or confirmare \ and lig- nifies, in the common law, fuch as are appointed iipon oath to fet the fines on thofe who have committed faults tluit are puni(hable arbitrarily, and have no expiefs penalty annexed to them. In the cuftomaryof AWw^«4', the word ^r^^rrr is exprefled by the Latin, taxarc or ejlimare^ — to fet the value of « thing. — Sec the form of the Oath in the Appendix. By Magna Charta, 9 Hen. 3. c. 14, it is ordained, that per- fons are to be amerced after the manner of the fault ; and the amerciaments fliall be aflelTed by the Q3tb of honeft and ia.v- ful men of tb^ vicinage. homage. Of the Lord and Steward, Iiomage, that (liall be affeered. Kitch. 42. Ail fines in a court leet, may be afTefled by the ftevy- ard ; and all amerciaments, by the jurors. Ta fme and amerce are frequently ufed as fynonymous terms, importing a pecuniary punifhment for an offence committed. Sir Edward Coke tells us *, that " Amerciament taketh its name from being ** in the lord's mercy to be punlfhed, more or *' lefs, at his will and pleafure ; and that fines and " amerciaments differ in many re(pecls ; Firft, '* That vvhofoever is fined, may be lawfully im- •* prifoned J — Second, That amerciaments are " incident unto court barons as well as unto court: *' leets ; and fints are never incident to any *' court barons, but to court leets only ; — Third, ** That amerciaments are incident unto every *' manor whatfoever ; but fines are incident to *' fome few manors only ; — Fourth, That amer- *' ciaments are afferable^^r pares; but fines are " never afferahle." In a word, a fine for an of- fence is a puuidiment for that offence by the lord, or his ftevvard, in '.he court leet, as a court of record, at their difcretion, for fuch offences as arc committed in court, and come within their know- ledge and obfervation j but an amerciament is a puniflimeriL of the jurors for offences committed within the manor, but not in the court. Such offenceS; therefore, muff be firll prefented before Co. Copb.f.zd. they and of iheir AuthorUy, 6j they can be amerced ; aod after they are ^imerced, before they can be recovered, they miift be affeered. A court leet is a court of record j but a court baron i^ not. See 8. Co. 38. ^. The fteward, as judge, may affefs a fine for fuch offences as are within his cognizance, and of which he has the view ; but not otherwife, with- out prefentment. So that he cannot fine a tenant for not coming to court without prefentment ; for it docs not appear that fuch tenant was refident within the leet, or whether he might not have good caufe of excufe. Cro. 'Eliz. 241. Tri?i. 33. Eliz. B. R. HdUw.lurhet. It has been held, that if the jury in a court ket, after being fworn to prefent, refufe to make prefentment according to their oaths, the fteward may aflefs a fine upon every one of them, at his difcretion, for his con- cealment and contempt ; and that if the jury con- ceal any thing, that the lleward may impannel another jury to enquire inro the concealment, Kiti'h, 41. And, laftly, The office of fleward may be for- Ste^vard may feited (for ftewardswere not originally removeable ''^^"^'^ ^^^* at the mere whim and caprice of the lord) and this in three manner of ways : Firft, By abufer ; fecondly. By non iifer j and, thirdly, By refufer. Firft, By abufer, as if the iteward burns or deftroys the courr-rolls or evidences of the m-anor j or, if he takes a bribe to wink at any oJence ; or \\k% pittulitjr 64 ^^ the Lord and Steii'ard, &c. partiality in any ranfe depending before him, thefe, and the like abufes, will make him fubje6t to a forfeiture. Secondly, By non-ufer, as if the fleward, by his patent, being bound to keep courts at particular and flated times of the year, without a requeft to be made by the lord, omits to do it ; and by his omlffion or failure, the lord receives any injury or prejudice, this is alfo a for- feiture i — and, thirdly, By refufer ; as if the ftevvard be bound by his patent to keep a court, upon a demand oi* requeft to be made by the lord ; if the lord demands or requefts him to keep a court, and he fails or refufes, this is likewife a forfeiture, although the lord be not, by fuch failure or refufal, at all prejudiced. Co, Comf^ CopJi.f. ^S' CHAP. L 65 i CHAP. vin. Of the Courts incident to a Manor, . X. O every manor, a court baron or court of the q^ ^^^,.^3 lord is incident. It is the chief prop and pillar of leet, Vie^v of 1 • J r r -1 1 1 1 Frank-pIecigCi a manor ; which no looner laileth, but the manor Qq^^^^ baron, falleth to the eround. Co. Comp, Coph.f. 3 1 . and Cuftom- ° ^ ^ /^ -^ ary Court. Theie courts were called Courts Baron ; be- caufe thofe who held manorsw'ere originally (as was before obferved) only fuch as fat in the Upper Houfe of Parliament : but though manors were afterwards -granted to inferior perfons, yet, the name having been once given, it has been ever fince continued. • In fome manors, befides the court baron, is held tr a court leet and view of frank-pledge ; and they are fometimes held feparate. Thefe courts were granted, by charter, to ihe lords of hundreds, or manors which originally belonged to the King ; but they are both now very frequently held with the court baron. Neither of thefe courts indeed, is, as a court baron, incident to every manor ; but as they are frequently blended together, it is necef- fary to Ipeak of them both, and to point out in what particulars they differ, F And 66 Of the Courts mc'uhnt to a Manor. The court And fiifl of the court leet *, which is a court of lect. record for the cognizance of criminal matters, and which is held either by prefcription, or by fome fpecial patent from the King and by Magna Charta, is to be kept twice in every year : one time within a month after Eajier^ — and another time within a month after Michaelmas. Thefe courts mud be held in a certain and determined place \ and it feems that they have been frequently held, in early times, in the open air, — upon a fair green, or under a great tree. To this day, in the manor of Selborney in HampJJure, the prefent- ment is. That the court (hall be held, as it hath always been, and now is, in the large barn of the manor farm j perhaps for the greater notoriety, as well as convenience of the fuitors, wjio are very numerous. Of thefe courts the ftev/ard is judge. There mud likewife be a jury of at lead twelve men, who may be either freeholders of the manor, or Grangers ; for if there fliould not be that number of refidents within the manor, the fbeward has * Of the etymology of the word Icet^ and for much curious information on ^his fubje6t, the reader is referred to an in- genious but fmall traft, lately publiflied, entitled, " The •• Jurifdidion of the Court Leet exemplified in the Articles " which the Jury or Inqueft for the King in that Court is " charged and fworn, and by Law enjoined to enquire of *• and prefent." power Of the Courts incident to a Manor. 67 power to compel a ftranger who is riding along the highway, to alight and be fworn. The duty of the jury, is to enquire of all of- fences committed within the manor againft the crown and dignity of the King, under the crime of high treafon. Their duty, however, it muft be obferved, is confined to the mere enquiry and prefentment, having no power to puniflij but having made their prefentment to the fteward^ it then becomes his duty to certify it to the juf- tices of oyer arid terminer or gaol delivery. Of late years, however, the power and authority of thefe courts have been very much abridged, and the bufinefs for the mod part hath gradually de- volved upon the courts of Quarter Seffions ; — and at prefent they content themfelves with little more than appointing their own officers 5 — fuch as conftables or headboroughs, tythingmen, thirboroughs, ale-tafters, ale-conners, haywards, piggard, ringer, pounder, ^c, within the pre- cinfts of the manor, independently of the paro- chial officers. Some one or more of thefe officers are ap- pointed in moft manors ; but the molt ufual is^ the conftable or headborough, or tythingman j the others are a fort of inferior officers, whofe duty principally it is to affift the conftable; and whofe duty, in other refpeds, is in fome meafure pointed out by their rsfpedive names. F 2 Thefe 6S Of the Courts inc'idcnt to a Mdnor. Thefe ofHcers, when appointed, are iifually fworn into their refpeclive offices by the fteward of the court ; and, for the mod part, confirmed by the juflices at the next quarter feffions. Viewnffrank- The fecond court, called The View of Frank- pledge, is fometimes confidered as fynonymous to -court leet, or as a branch af the court leet ; how- ever, it is fometimes held feparately by itfelf. Its original intent was to vie^v the frank-pledge ; that is, the freemen within the liberty ; who, accord- ing to the inftitution of the great Alfred, were all mutually pledges for the good behaviour of each other. See Blackfione^s Com. Of thefe pledge?, the eldeft or moft refpedable was called, the Headborough or Chief- pledge ; and, by fome writers, was fuppofed to have the fame authority with our confiable. The view of frank-pledge is, however, now in total difufe ; and the name only is preferved in the ftyle of the courts. Court bnron. The court baron is the peculiar court of the lord cf the manor ; and is incident, as has beea before obferved, to every manor : fo that every, lord may keep a court baron, though e-very lord may not keep a court leet. This court, which is faid not to he a court of record (^SV^ 2 hijl. 143.) may f.e kept on^e in every throe weeks at leaft, and perliaps ottcner, at the lord's pleafurc j and is not required to be held as the court lects, in a certain and determined place, but in any place foever, provided it be within Of the Courts incident to a ISlanor. 69 within ihe precirnfls of the manor ^ but if it be out of the manor, it is void. It has noivviih (land- ing, however, been determined, Thar, by fpecial cuflom, the lord may hold a court within one manor for feveral manors. Co. Litt. 58. Cro. Car. 367.; and this is very frequently piraciifed. Of this court, the freeholders or fuitors themfelves, who are termed the homage^ and not the fteward, as in the court lect, are the judges ; and the ftew- ard is but as the regiftrar. Co. L'ltt^ 58. ; though it has been fa:d, that even in thefe courts the fteward is judge oi matters of law. The homage need not, as the jury in a court lect, confift of twelve ; — it will be fufficient if there be two only ; but it i? abfolutely neccliary that they be freeholders of the manor. Co. Cot>h. 59. Laftly, Of the cuftomary court. For befides Cui^omary. the court baron and other courts, a manor has alfo what is called A Cuftomary Court ; which concerns the copyhold tenants only, and may be held without any freeholders, though not without copyholders or fuitors. Co. Lift, 58. This court, being generally held with the court baron, bar, been often miftaken for the court baron ; where- as in truth they are two diftincl courts. But if 2 manor has a court of a double nature ; that is to fay, A court baron and cuftomary court (as moft: manors have) the proceedings of both may, and for the moft part generally are entered in the fame; IqII. C9. Litt, 3^. a. i Freeman^ 525. *?o' t)fthe Courts Incident to a Manor, In this cuftomaiy court, the lord or his fteward is the judge. Co. Litt, 58 : and this court, as well as the court baron, may be held at the pleafure of the lords, within the precinfts of the manor. As the court leet is a court of criminal jurif- di(5i:ion, the court baron and cuftomary courts are of a civil nature, and were originally inftitutedfor the redrefs of private wrongs between party and party ; in which cafe the lord generally fat as judge, or rather as chancellor ; inafmuch as he was not bound to decide by the ftrid rules of cominon hw, but by the equity and juflice of the cafe. All civil injuries, trefpaffes, other than thofe I'i et arm'is debts and other adions, when the debt or the damages were under forty {hillings, might be determined in thcfe courts. But of late years few, if any, adions of this fort have been brought in them. Another object of the two laft-mentioned courts was, for the homage to enquire and fee that their lords (hould not lofe any of their duties, fervices, or cuiloms ; and it was their duty to attend at thefe courts to do their fuit and make their obe- dience to their lords j and to prefent every thing that mi2,ht be an annoyance or hurtful to the in- heritances of the lords ot the manors. See Kitch. of Courts i 6, 7. Courtof fur- Befides thefe courts, there is the court of furvcy ; ^'9'- which is generally held by a lord on his fird tak- ing Of the Courts inc'ident to a Manor, ^ I ing polTeffion of his manor, the better to inforn:^ himfeif of the real ftate and value of it, the num- ber of his tenants, and other clrcumftances. It would alfo be of fervice to the fteward to hold a court of this fort upon his firft appointment to his office, for the fame reafon. There is no pecu- liar jurifdiftion or authority in this court ; but it is always held with, and confidered as a branch of the before-mentioned courts. "Note — Of the mode and form of holding thcfe courts, and of making the entries or minutes of the proceedings in the records or rolls of the court, See the Appendix, F 4 CHAP. L 72 ] CHAP. IX. Of Services. 1 O all copyhold property, ferviccs are necef- larily incident. Services. A copyholder ought to do his fervices to tlie lord, 42 EJ. III. J and a denial of them is in fotne cafes a forfeiture, as will be feen hereafter under the chapter Forfeiture. Services were originally divided into free and bafe fervices. The former of them confifted, ac- cording to Sir Edward Coke, Firft,, In render, as to pay yearly fuch rent ; — Secondly, In ufer, as when the lord referved common for his cattle ; — or, Laftly, In prender, as when the lord referved three fhillings and four loads of eftoves for fuel, to be taken yearly in his tenants grounds. The latter confided in feafance; fuch as to fcour the lord's ditches, tile his houfes, thatch his barns, or the like. Services were flill farther divided ; Firft, Into corporal fervices j — Secondly, Annual fervices ; — and. Thirdly, Into accidental fervices. Corporal Corporal fervices were of two forts j namely, ieiYices. Services of fubmiffion, and fervices of profit. The formei: Of Services. 73; former of them confiRed of homage and fealty ; which were ceremonies ufed by tenants on their firfl: admiflion to their eftates, enforcing them to acknowledp-e themfelves to become the lord's O men, and binding themfelves," by their oaths, to be faithful to the immediate lords for the lands they hold of them. The latter, or fervices of profit, fuch as were either tending to the public profit of the common weal j — as repairing highways and bridges, or nch as tended to the private profit of the lord ; — fuch as being the lord's carver, butler, or brewer ; or to pale the lord's parks, tile his houfes, and fuch like. Co, Copyholder,]. 18. Annual fervices confifted principally, if not Annual fcr-. Ill- ■ ^ r • vices. wholly, in paymg rent, c?r. But the accidental fervices differ from the other Accidental icrvict^s* fervices, as being fervices incident to the fee, and due without any fpecial refervation. There are now remaining fome rare indances of the bafe fervices ; fuch as, in fome few parts of the kingdom, tenants being obliged to reap the lord's corn, ^c. a certain number of days in the harvefl, ufually called Due Days ; and being ob- liged to plough the lord's lands fo many days in the year, and fome few others j but for the mod part, the bafe fervices, perhaps more from the fpirit ot the times rather than from any pofitive law, have dwindled into mere form ; and perhaps upon inveftigation, it may turn out, that of thofe which *j^ Of Serz'ic.c^, which remain at this day, many of the;-n have been- uponlpeciil refervation. Services, therefore, at this period of time, are reduced to a very narrow compafs, and confift principally of fealty and fuit of court, and in payment of rents, rehefs, and heriots, FEALTY. Fealty. Before the abolition of the military tenures, by ftatute 12 Car. II. Homage, as well as Fealty, was a regular fervice ; it being invented for tenants by knights fervice, and fuch as were bound by their tenure to attend their lords in the wars. But leaky was primarily dcvifed for tenants in foecage, and fuch as v>'ere bound hy their tenure to manure the lord's grounds, and carefully to difcharge all rural affaii^s. Co. Copylwldyf. 20. Fealty, which is probibly derived from the Trench vvord/tj/, irnjiy, fignifieth the oath taken at the admittance of every tenant, as well free- bolder as copyholder, to be true to the lord of whom he holdeth : and fealty mud be done by the tenant in perfon ; for he cannot fvyear by at- torney. 9 Co. 76. Co. LUi. 68. But the fteward may take fcairy fv>r the lord. Lit. 5. 92. And in- deed for the moft part, the oath of feal'.y is ad- miniilcred to the tenant by the (leward at the time of his admittance, though it is in the power of the ftexyard to refpite the doing fealty in tlie cafe Of Services. 75 cafe of an infant, or a tenant who is admitted by attorney, or one admitted in reverfion, &V. till they can come perfonally into the court and take the oath. Suit of Court. Every copyholder is bound to do fait of court ; Suit of J f^-i court. that is to fay, To attend the lord's court and to be of the homage, &c. ; and this he ought to do in perfon, and not by attorney, i Leo. 104. And if a copyholder, refident within the manor, neither appears nor eflbigns after a general notice in writing, he may be amerced, though no for- feiture can incur. 3 Bulji. 80. 2 JValk. Cop. 29. A freeman may do fuit at the lord's court ; bur by ftatute 52 Hen. III. 9, a. freeman fhall not be diftrained to do fuit, if he is not bound to do it by feoffment or prelcription ; and, by the flime ftatute, if land which ought to do fuit, defcends to parceners, (he who has the part of the eldell, fhall do fuit for all ; — and join-tenants and tenants in common fliall do but one fuit. Tenant by the courtefy, as alfo a woman, may do fuit at a court baron. 2 Inji. 119 ; but where the free fuitors are judges, a woman Qiall not be judge there. Ih'ui, But tenant in dower (hall not, if the jieir has fufEcient to be diftrained for it, in the fame county. F. jV, jB. 159. This however mufl be under-^ 1& Remedy for fuit. %tnU Rent fervicc. Re its cf af Of Services, iinderftood to be dower at the comiiion law,, where the widow takes her third, which (lie (hall hold of the heir ; who is in (uch cafe tenant to the loid, and muft do the fuit ; — but where the widow takes the whole, it feems that (he (hall hold of the lord and not of the heir; and muft there- fore do fuit. See Gill\ Ten, i Edit. p. 160. 2 Edit. p. 173. If the tenant refufe this fuit-fervicc, the lord may diftrain. 2 Jnft. 118. In fome cafes too it is a forfeiture of his eftate, as will be feen in chapter — , title Forfeiture. A copyholder fliall alio render his rent ; which fignifies a compenfation or return, it being in the rature of an acknowledgment given for the pof- fellion of fome corporeal inheritance. It muft be an annual profit, though it need not i(rue every fucce(rive year ; nor is there any occafion that it fliould be always, though it ufually is, of money ; but it may be of corn, and other matters. Co. Lit. 142, 144. There are fevcral fpecies of rents ; but thofe only there is occafion here to notice, are rent-fer- vice and rents ot aflize. Rent-fervice is lo called, becaufe it hath fome corporal fervice incident to it, as fealty, or the feodal^ oath of fidelity. Co. Lit. 142. ■Rents of a(rize are the certain eftablidied rents of the freeholders and ancient copyholders of a manor, which cannot be departed from or varied. Thofe of Services. 77 Thofe paid by the freeholders are frequently teimcd chief ren/s y and both of them generally denominated quit renfs. The remedy for recovering thefe rents, is by Remedy, diftrefs ; and the ftatute 4 Geo. II. c. 28, gives the lame remedy by diftrefs, as in cafe of rents refer ved upon leafe. Befides which, if the tenant refufes his rent, it is a forfeiture, i Ro/L 506. If the copyhold comes to the lord by ef- cheat, he may make a grant of it, rendering a greater rent ; but if the lord upon furrender makes an admittance, rendering a greater rent, fuch refervation will be void. 2 Roll. 236. Relief is a certain fum of money which every Relief, freeholder payeth unto his lord, being at full age at the death of his anceftor. Co. Copylioldyf. 25. There arc two for.s of relief: — the one by fervice, the other by cultom. That by fervice, is paid on the death of any freeholder ; — that by cuftom, is paid upon the death, change, or aliena- tion of any freehold, according to the cuiiom of the place: in fome half a year's profit ; in many places, a whole year's profit. Co, Coph.f. ic^. Reliefs are paid by the freeholders only of a manor, and not by copyholders. They are inci- denl to the fee, and are due without either fpe- cial refervation or cuftom. Co. Coph.f. 25. •Although reliefs hav-e generally been ranked as ler- 2^ Qf Servicei, lervices, Sir Martin Wright, in his Introdudtiori to the Law of Tenures, fays they were not fervices, but fruits of feudal tenure 5 and he differs from Sir Edward Coke, in fuppofing them to have been certain at the cotnmon law, but were originally uncertain, and were no doubt, on that account, confidered as one of the gre'ateft grievances of tenure, in as much as an unreafonable relief did in confequence amount to a diOierifon of the heir. In the ftatute of 12 Charles the Second, fot taking away the courts of wards and liveries^ &c. there is an exprefs exception of fines for alie- nation due by particular cuftoms of particular manors and places. Being thus confidefed as a badge of flavery^ they have gradually worn away, and are now pretty generally fallen into difufe, except in fome few manors :- and in thofe, rhey are for the mod part compounded for, by payment of a double quit rent.* Remedy for For the relief, the lord fliall diftrain, and fliall ths fame. not have debt for itj but his executor or admi- niftrator fliall have debt for it, and not diftrain. Co. Lit. 83. • !By the laws of William the Conqueror, cap. 40, thofe who held lands at a flipulated rent, were to pay for a relief fo much as the annual rent amounted to ; /. e. were for that' year to double it. See Wright' s Tenures^ cap. 2. p. I04,5» Bacfn on Go^rtimcnt^^- \. p. 9 1. Herxot. Of S-ervices. 79 HeRIOT. 'f' Heriot or harriot, faith Sir Edtvord Coke, Cometh of the Latin words herus dominuSy becaufe Origin cf it is a duty appropriated to the lord ; or it is dc- ^^"^^ rived from the Saxori word, here,€xefcitus ',hQ-' caufe in the Saxons time, when the name of Heriot was first known, heriot fignified nothing elfe but a tribute given to the lord for his better pre- paration towards War ; as a horfe trapped, or a Ipeiar, or armour, or a fvvord, or fome fuch like military weapon. And while tenures continued to be military, and for life only j and the arms, weapons, and vvar-horfe of the tenant upon his death, went together with the land to the lord, being due to him, as having been purchafed out of the profits of the land, or as having been origi-» nally granted by the lord for the public defence, and therefore belonged to the lord, that he might beftow them on the fucceeding tenant for the like fervice : but when the feud became inherit- able, the reafon of the heriot cealcd, and then f In Ediwrds v. Mofely,\n Lord Chief Juftice U'iiks's Re- forts J publifhed by Mr. Durnford^ Mr. /. Forte/cue Jlamt faid, That the word^ Heriot was originally derived froni Here (which fignifies, in Saxon, an army) and Ccatj which fig- nifies pro'vifion-, and the refervation was originally of fometbing proper for an army : and he exploded the notion of Lord Coh^ definition. the ■ J Of Services. the arms, kc, went to the heir, who fuccceded to the land : yet, in feme manors, the cuftom of the heriot was, by particular agreement retained, or the lord referved it as a parcel of his tenure ; and though originally the heriot was the beft horfe, yet in lime it came to be the beft beaft ; for the tenants, in order to difappoint their lord, would often fell their arms and horfes, and then, of ne- ceffity, a law was made that tlie lord might take ihe beft beaft in lieu of them : and fo the heriot came to be eftecmed the beft beaft ever after j and as it arofe by cuftom or tenure, after the feud be- came inheritable, fo we find in fome manors a cuftom of paying it in goods, and fome in mo- ney. See Bree Ahr» Heriotsare due in three feveral ways ; Firft, By cufiom ; Secondly, By tenure (which is called heriot fervice) ; or Thirdly, By refervation, or deeds exe- cuted within lime of memory. But thofe by cuftom are the moft ufual. Heriot cuftom is defined to be that which is due by virtue of an immemorial ufage of a certain place or diftri If the tehant had no beads at his death, it has been held that no heriot is due. Hob. 1 76. Neither is any heriot due of the goods of ceftinque trull, but of him who has the legal ef- tate. I Vent. 441. Heriots by refervation on deeds, differ not Heriott very materially from thofe by tenure or heriot- J^^^ ^^^'^^ fervice, except only in the mode of taking them. By the death of the tenant, the property of an Remedy fof heriot due by cuftom, is vefted in the lord imme- '■^'^p^'^^'y ^^ . , each, diately : and it has been held that he may feize, though he may not diilrain for it. Kd. 82. 84. fer Holt, Sho. 81. i Salk. 356. Bro. tit. Heriot^ 2, 6, 7. But authority have differed on ihis point ; for it has been adjudged, that for heriot-fervice, the lord may feize or diftrain. Cro, Eliz. 589. Moor, 540. And in the cafe of Edwards and Spicer v. Mofely and Stanley. Hil. 13 G. 2, Lord Chief Juflice Jf'illes's Rep. it was decided, that a lord may feize as well as diftrain for heriot fervice* But if a heriot be referved by deed, fince the itatute of Qiiia Emptores, payable by tenant in fee, it will be confidered as rent, and then the lord carinot feize, but mud either diftrain or bring an adion for non-payment. But he cannot feize the bead of another : andii* an heriot be eloigned, fo that the lord cannot feize, he may have his aftion againil him who detains it, becaufe the property wasveded in him, Cro. Car. 260. Bro. Heriot, 6, 9, G 2 Though 84 Q/" Services. Though the heriot Ihall be the bed beaft, yet the lord Ihall have that which he choofes for the bed, although it be the worft. But having made his eledion, he muft be content with it, and cannot afterwards feize another. Hoh, 60. Bro. Hei-'iof 11. The property of an heriot-fervice is not vefted in the lord till diftrefs or feizure. 8 H. 7, 10, 6. But, as before obferved, he can only feize the very beaft of the tenant himfelf, though he may dillrain any man's beafts which are upon the land, afid retain them until the heriot is paid j but if he diftrains, it muft be within the manor. Cro. Car, 60, 3 Mod. 231. Lord Rciym. 169, So an heriot due by refervation, may be feized or diftrained ; but it has been held, that upon a refervation of an heriot, the beaft of another cannot be diftrained ; neither can there be a fei- zure of an heriot by refervation out of the manor, though there may be of an heriqt-fervice. 3 Mod. 231 Sho. 81, Of Escheat. What it id. Sir Edivard Coke ranks efcheats among the fervices ; and he derives the word efcheat-^ from t Mr. Juflice Blachtone derives it from the French or Nor- man word efchot or echoty formed from the word efchoir or jcloir, to happen. the Of Services. 85 the French word echcar excidere, and termed ex- cadetit'ue ; which impoits lands fallen into the lord's hand, for want of heir general or fpecial to inherit them. There can be no efchcat, but pi-o defe^u tC" 7ientls, Sir George Sands^s cafe, Mich, 20 Car. 2. If lands which were held by copy efcheat, or become forfeited to the lord, the copyhold te- nure muft be in confequence extinguiihed : as the lands then fall into the manor, and there can be no one to hold by copy, till the lands be fo granted by copy again, i Watk. 360. In Salh 238, Bunter v. CoZv, it was admitted,, that where one having a manor devifes it, and af- terwards a tenancy el'chear, that aho fnall pafs by the devife as being part of the manor. After a copyhold has efcheated, the law may regrant the premiffes by copy ; but he mufl not change the nature of the eftate, as by making a leafe for years, or any other eftate by deed, for by fo doing he deftroys the demifable property \ but he may retain them for any length of time in his hands, andmaygrantthem bycopyagain. iLeo, c^b. Before the lord can enter for an efcheat, it ought to be prefented by the homage -, and afccr It is prefented, proclamations fhould be made for the heir to come in and be admitted. When, the proclamations are out, the homage then en- title the lord as to lands efcheated, Co, Coph. G 3 Wher^ 86 Of Services. Where a freeholder committeth felony, and is attainted, the King fliall have annumj Jiem^ ei vaf- tum, and then it cometh unto the lord as an ef- cheat. Co. Coj)k. Of Fruits of Tenure. It may not be improper in this place, as con- rjeciied with the iiibjed:, to fpeak fomewhat of the fruits of tenure; fuch as waifs and eftrays, deo- dands, wreck, and treafure-trove. Thefe are generally confidered as they really are, branches of the royal revenue, and fo conti- nue to this day, except in thofe inflances where they have been delegated by the crown to lords of manors, or particular diftrids. Waifs, from the Saxon word wqfiare or wahare, are goods which have been flolen and waived, or left by the felon on his being purfucd, for fear of The whole of the military tenures were deftroyed by the ftatute 1 2 Charles 2. cap. 24; which enafts. That the court of wards and liveries, and all wardfhips, liveries, primers, feifins and unerlemains, values and forfeitures of the marriage by reafon of any tenure of the king, or others, be totally taken away. And that all fines for alienations, tenures by homrige, knights fervice and efcuage, and alfo aids for mar- ry ing^ the daughter or knighting the ion, and all tenures of the king in capitc, be likewife taken away. And that all forts of tenures held of the king or others, be turned into free and common fuccage, fave only tenures in Frankalmoign, copyholds, and the honoraiy fcrvices, without the flavery of grand ferjeanty, being Oj Services. being apprehended j and which are forfeited to the king or the lord of the manor. Kit. 8 i. Waifs and eftrays are laid to be nullius in hjiis ; and therefore they belong to the lord of the fran- chife where found. Brittotiy cap. 17. Eftray, from the French word ejlrayer^ fignifies any beaft that is not wild, found wandering in anv manor or lordfliip, and not owned by any man. In this cafe, the fame being cried according to law, and proclaimed in the church and two mar- ket-towns next adjoining to the place where found, if not claimed by the owner in a year and day, it is the lord's of the foil. Ihid. — and this, even though the owner were a minor, or under any other legal incapacity. Bro. Ahr. tit. EJlray. In the proclamation it ought to be fliewn of what kind the eftray is ; as flieep, oxen, horfe, fwine, &c. and ought to mention the name of the feizor, that the owner may know where to refort for his cattle. Eajier, 5 Jac. Taylor V. James, 2 Roll. Ahr. 92. ikf. Fa. 3. ^oy 144. Gohd. 150. The lord cannot ride an horfe that is an eftray i neidier can he work an ox. Yelv. 96. Hil. 5 Jac» Bagjfiaw V. Gavjard. 12 Rep, 100. Yet he may milk a cow, or the like ; for that tends to the prefervation, and is for the benefit of the animal. Cro. Jac. 148. If the owner tender the lord amends for the G 4 keeping, Of Services. keeping, the lord muft return the cattle ; and the lord ousht to make a demand for vvhat the amends ought to be for the keeping : and if the party- think the demand unreafonable, he ought to ten^ der fufficient amends ; but if he tender infuffi- cient amends, ihe lord ought to take ilTue, and let a jury fettle what the keeping is worth. Ruled, per HoJt^ Juftice. Deodands (probahly from deo, danda) are what- ever perfonal chattels are the immediate occafion of the death of any reafonable creature, and which were forfeited to the king, to be applied to pious ufes, and to be diftribured in alms by his higli almoner, as an expiation, probably, for the fouls of fuch as were fnatched away by iudden death. This, like the two former (waifs and eflrays) though coniidered originally as a branch of the royal revenue, is, in like manner, now confidered as a fruit of tenure in lords of manors. Num- berlefs are the determinations of what things have been coniidered as deodands, and which need not here be recounted j it may be fufficient that it is laid down as a rule, that omn'ui qua; mo- I'etit ad mortem funl deodarnJa. In all the cafes, however, if the party wounded, die not of his wounds within a year and a day after he received it, nothing is forfeited ; for the law docs not look on fuch as the caufes of a man's death, after which Of Services. Tvhich he lives fo long : but if the p.irty die with- in that time, the forfeiture fhall have relation to the wound given, and cannot be fevered by any alienation, or other ad whatfoever, in the mean- time. I Hawk. P. 6. 66 and 67. Nothing can be forfeited as a deodand, nor feized as fuch, till it be found by the coroner's inqueft, to have caufed a man's death ; but after fuch inquifition, the fheriff is anfwerable for the value of it; and may levy the fame on the town where it fell ; and therefore the inquefl ought to find the value. Ih'uL Wreck, by the ancient common law, \vas, where any (hip was loft at fea, and the goods or cargo were thrown upon the land ; in which cafe thefe goods fo wrecked, were adjudged to belong to the king ; for it was held, that by the lofs of the fliip, all property was gone out of the owner. Vide Black. Com. vol. i. 290. If it can be difcovered by any poffible means to whom the property fo wrecked bclongeth, it fliall not be confidered forfeited as wreck ; but if there be no proof or evidence whatever of the owner, — in that cafe the fheriff of the county is boimd to keep the goods a year and a day, that if any man can prove a property in them, either •in his own right, or by right of reprefcntation, they fliall be reftored to him without delay; but if no fuch property be proved, then they (hall be Of Services. be the king's, or the lord's of the manor.-— 2 hj'i. 1 68. If the goods however are of a periQiable na- ture, the fl:»eriff may fell them, and the money (liall be liable in their (lead, i Plow, 166. In order to conflitute a legal wreck, the goods muft come to land ; for if they continue at fea> the law diflinguifhes them by the appellation of Jelfam^ Flotfam^ and L'lgan. — By the firft of which terms is meant, where goods are cafl: into the fea, and there fink, and remain under water. By the fecond, where they continue floating on the furfiK e of the waves. And by the third, where they arc funk in the fea, but tied to a cork or buoy, in order to be found again. 5 Rep, 106. Thefe are alfo the king's, if no owner appear to claim them ; — and they are accounted a diftinct thing from a wreck ; — for it has been held, that, by the grant of the king to a man of wrecks, things Jet/am^ Ylotjam^ and L'lgan will not pafs. 5 Rep. 108. Treafure-rrove, from the French word trover, or trouvefy to find, is where any money, or coin, gold, filver, plate, or bullion, is found hidden in the earih, or other private place, — the owner thereof being unknown ; in which cafe the trea- fure belongs to the king, or lord of the manor. But if he that hid it be known, or afterwards found Of Services. 91 found out, the owner is entitled to it; 3 Injl. 132. If it be found in the fea, or upon the earth, it belongs to the finder. The reafons for this dif- tindlion may be found very clearly demondrated in Mr /. BJackftone's Com, vol, i. fa, 295. CHAP, C 9^ I C H A P. X. ^ Of Fines fayahle hy Copyholdtrs, A. iMiie, accovdinp; to Sir Edward Coke, is a fum of money paid to the lord of a manor, for an income into any lands or tenements ; and in fome manor.- fines are certain j in fome uncer- tain. Co. Cof'. By general cuftom, fines are only payable on admittances. By fpecial cuftom, indeed, they may be due on every change of the tenant, whe- ther by the asfV. of God, or the aft of the party ; and on every change of the lord, by ad of God only. Bac. Abr. But without this fpecial cuf- tom, they are due only upon admittance, for admittance is faid to be the caufe of the fine j and the admittance only of the parties it is that entitles the lord to the tine. 4 Rep. 28. 8'inds% cafe and Bacon s cafe ; — and by Wihnot, C. ./. fines are the confequences of admiffion. See Sul- yard v. Vrejioriy EajJer, 9 Geo. III. There are however fome manors in which it is not cuf- tomary to pay any fine on the admiffion of an heir at law, or one who fucceeds by defcent. See 3 Durnford and Eajf, 162 Doe ex demtje Tarrant AU Vf ■Fines payalle hy Copyholders, 93 All fines, whether certain or uncertain, muft Fines muft be reafonable ; and if the lord infifts upon an ex- travagant fine, he (hall be reftrained to what is reafonable, even though the fine is arbitrary and uncertain : as where a lord having demanded ten or twelve years value of the land, the court de- creed him only two. 2 Chmi. Report., 134. And if the fine demanded be unreafonable, the copy- holder is not obliged to pay it j and though he himfelf only thinks it unreafonable, and afterwards it is adjudged reafonable, yet it is no forfeiture, becaufe It is a matter of controverfy. 4 Rol. Ahr. 505. 13 /?. 2. Of common right, it belongs to the lord or his fteward to affefs the fine ; but there may alfo be a cuftom for the homage to do fo. See i Roll. Rep. 48. Crahb v. Bevis. i Freem. 494. And in feme manors, if the lord (hould be fo exorbi- tant in his demand, that the tenant cannot accede to it, he may have the fine afiefled by the homage. See the fame cafe. A (ingle copyholder is not relievable in equity for an exceffive fine. In regard to the fine in- fixed to beexcefiive, it ought to be tried by ajur) , before whom all depofitions touching the unrea- fonablenefs thereof, would be proper evidence ; though his lordlhip (the Lord Chancellor Khig) admitted that a bill might lie, in order to fettle a general fine to be paid by all the copyhold te- nants. What has been held to be a rea- fonable fine. 94- Of Fines payable by Copyholders, nants of a manor, to prevent a multiplicity of fuits, 3 P. Williams^ 156. Two years full value of the eftate, is the ut- moft length to which lords have ever been allow- ed to go by the courts, in aflVfling fines on a defcent of a copyhold ; and one year only is ge- nerally taken on an admittance upon a fiirrender. One year and a half improved value, has been held a fufficient fine. Dozv v. Gelding, 2 Chan, Rep, 196. Two years have been held to be un- reafonable. 2 BuIJi, 32. In the 29th of Charles II. Lord Nottijigham held, that two years value was a reafonable fine ; and from that time to the prefent, the idea of two years value being a reafonable fine, has prevailed uniformly ; and the adhering to this rule has been a matter of great convenience, though it cannot be faid to be a matter of ftrid; juflic6, per Lord LoiighhoroKgh in the cafe of Grant and AJile, See the note to that cafe, in the lafi edition of Mr, Douglas" s Reports. — And in the fame cafe, his lordlTiip went on to obferve, that it feemed much better for the intereft of copyhold tenants, and for the public advantage, that the fine to be paid upon the renewal of a copyhold eflate, fhould be ftridly kept to that fum ; which has fubfifled now Quit rents to ^^^^'^ ^ century, namely, two years improved va^ b« deducted, jue, wiihout any dedu(^\ion, except for quit rents, v,hich can hardly be called a dcdudion j for the lord Of Fines fayahle by Copyholders. 95 iord mufl: allow that which he has received, or is to receive. Fines (hall be eftimated according to the pre- shall be of fent improved yearly value of the eftate, and not ^^^J™^'"^^"* according to the rent under a leafc then lubfift- ing by licence from the lord. See the cafe of Halton againji Hajjdly Eajtery 9 Geo, II. Stra, 1042. In the before mentioned cafe of Grant and Land tax not Jpe, Lord Loughborough, with the whole court, Jj°,^gd-^' decided that the lord of a manor is not bound to make any dedudion for the land-tax, out of a fine — and upon the following grounds: — " In the ** firft place, the land-tax is annual ; * and how- ** ever probable its continuance may be, there ** can be no legal prefumption as to the future ** intentions of the kgiflature ; and there caa '* be no dedudlion, by anticipaticn, ot an un- " certain future burthen." *' In the fecond place, the tax, though com- " moniy called a tax upon land, is not in its na- ** ture a charge upon the land i it is a lax upon " the faculties of men, eftimated, firll, According *' to their perfonal eftate ; fecondiy. By the offices " they hold ; and laftly, By the land in their ** occupation. The land is but the meafure *' by which the faculties of the perion raxed " are eftimated ; and where it is intended by the " legillature that the burthen ftiould not ulci- * But now made perpetual, fubje6t to redemption, L7 Several adts of the prefeut reign. " mar el/ 90 Of Fmes payable hy Copyholders, ** mately refl. upon the perfon charged, a power *' of dedufting is given him by the a of fines on copyhold cftates, almofi. all the books and authorities confider them as copyhold eftaies of inheritance i but in a multiplicity of manors withja Of Fines payahk by CopyhuIJcrs. lo^ within the kingdom, copyho!d eflates are granted by the lords, — fometimes for two, and fomctimes for three Hves fuccefliveiyi and in ihoie manors, the lords have been accuftomed to take fines for the putting in frefli lives, on the deceafe of the former lives, in different proportipns. When the tenure has been for two lives only, on the death of one life they have taken fix, and fometimes as far as feven years, or even more for putting in a frefh life : and when the tenure has been for three lives, they have taken, in cafe of the death of one of the three, one year and three quarters purchale, fome- times two years, and fometimes more ; and for two frefh lives, fix years, or more, according to the a2;e of the remainins; life : and for the ex- change of one life for another, three quarters of a year, one whole year, and fometimes more, ac- cordinor to the ao;e of the life to be exchan2;ed. In all thefe cafes, it does not appear that the lord is any way reftrained as to the value of the fine, — but may demand what he pleafes ; and the only alternative left to the tenant is, to pay t he- fine, or let the eftate fall in. This point feems to be now pcrfcd:ly fettled by the two cafes, that of Morgan and Scndcnnori\ cited by Lord Loughhoroitgh in that of Grunt and Aflle ; and the cafe of IVharlon and King, from the Hereford 2L?[\ztSy afterwards decided in the Kx- cheauer, and now reported by Mr. Jnflnilher, In that cafe it wa,s determined, That, in order to H 4 fup- 1 o I 0/ Fines payable by Copyholders. fiipport a cuftom of renewal of copyholds for lives, the Plaintiff muft allege fuch cuftom to be on payment of a fine certain : to allege it to be oi^ payment of a reafonable fine will not be fufficient. It fuch cuftom be not found to renew on payment of a fine certain, the lord may certainly infift on his own terms. The above ratio for the purchafe of lives, is fuppofed to be in general very moderate; for many lords of manors are known to take much more. I^o-tc — The rule held out by Mr. Watki^s, and for which he quotes the authority o{ Sir James Burro^v^ the author appre- ht^nds, muft proceed upon a millake, as the practice of taking lines is alriioft invariablv otheiwife. CHAP. lOfl ] CHAP. XL Forfeiture, oIR 'Edward Cole fays, rhar, ** Forfeiiure cometh *"* of the French word forfalty Scelus ; quia fcele- ** rum et deVi6lorum ferpeirat'io ejl for'is-fadura- ** rum canfa et origo. In our language it fignifieth *' the effeft of tranfgrefling, rather than the " tranfgreflion itfelf : I mean, it fignifieth the " penalty for the offence committed, rather than " the a(ft itfelf, whereby the offence itfelf is perpe- " trated ; and it extendeth both unto lands and ** unto goods : unto lands both copyhold and ♦* freehold." Co. Co^h. Copyhold eftates may be forfeited in a variety of ways ; — fuch as for non-attendance at the lord's courts ; refufing to do fuit and lervicc, and being fworn of the homage ; refufing to pay rent ; for making of leafes, or difpofing of his eftate without licence from the lord i by committing wafte^ and laftly, by committing treafon or felony, &V. In all thefe inftances, the eftate is forfeited to 7° ^^;^^"!^"' the lord j even for high treafon, except where it is taken away by the exprefs words of an act of parliament. 2 Fent. 39 : and upon attainder, his tila*e io6 Forfeiture. eflate is abfolutely determined ; for he cannot afterwards be of the homage, nor take a furren- jder out of court. 2 Jones y 1 90. The lord for ihe time being, even if he be only leflee for years of a manor, fliali tike advan':age of che forfeiture committed by a copyholder ; for hp IS domhms pro tempore* i Rol. 509. And, indeed, a forfeiture of a copyhold eflate can only be taken advantage of by him who is lord at the time of the forfeiture, except in thole cafes where the acl of forfeiture deftroys the eftate. Tar^ rant v. Uill/ery Term Rep. Kajler^ 29 Geo III. But the fucceeding lord (hall not have any ad- vantage of forfeiture by wafle done by a copy- holder in the time of the preceding lord. 2 Sid, Chamherla'in and Drake. Cro. .Jac. ^or. If a copyholder, tenant for life, forfeits, the lord ihaii take advantage, and not be in remainder. 1 KoL 500. Forfeiture by ^ copyhold eflate may be forfeited for the non- iion-attend- attendance of the tenant at the lord's courts, and ance at court, . j r • and with- for refufing or withhokhng his luit and fervice. holding fnit j£- copyholder, being duly fummoncd, refufcs to. and ic: V icc. '■' .,. appear in court and do his fuit and fervice^ it is a forfeiture ^ becaufe without an attendance of te- nants, there can be no court. It has been a mat- ter of doubt, wheihirr a general notice within the parilh was fufficient j but it certainly is not, — and there muft be a perfonal fummons to induce a for- feiture. 3-W, 35c. Cio, El'iz. ^oif. But if he be T'orfeitiire, io7 prevented coming by ficknefs ; or by being in <3ebt, and in fear of being arreftcd ; or is a bank- rupt and keeps his houfe, then his default is no forfeiture; — or if he was atti-^nding upon fome great office. Co. Loph, i Leo. 104. if a copyholder, being in court, rcfufes to be fvvorn on the homage, it is likevvife a forfeiture. Mod, 350. If the jury or homage refufe to prefent the ar- ticles according to their oath, this is a forfeiture of their copyholds. Djer, 211. By fpecial cuftom, if the heir, or he to vvhofe ufe a iuiTender is made, does not come to be ad- mitted on three proclamations made at three (c- veral courts, it is a forfeiture, i Rol. 56 S* The proper way for a lord to recover pofieffion for a forfeiture, is by ejedment. Where the matter is doubtful, refufal to pay a fine is no forfeiture ; but when it is afcertained,— • in that cafe, a refufal to pay is a forfeiture. 3 Lev, 309. The lord of a manor may feize a copyhold ef- tate as forfeited pro defe£lu ienentiSj where the heir does not come in to be admitted, i Rol. 568 ; but it has been held, that he cannot feize it abfo- lutely without a fpecial cuftom. i I^ev. 63. Sre the cafe of Tarrant verfus Hillier, htforc cited., Term Rep. Eajier, 29 Geo. III. Tn fuch cafes. Lord Kenyan faid. The lord has only a rig' t to enter into pofieiTion, to fatisty himfelf fcr the in- jury io3 Forfeiture, jnry he fuP.ains for want of a tenant j — he can only retain the pofTefTion quoujque.; or until the heir claims. What the precife period is, within which an heir inuft make his claim, feems to be by no means certain : — moft ol the authorities feem to think, after the third proclamation ; but fome, atter a year and day had adlually elapfed. 2 Watk. Coph. q6, 98, and Gilb. Ten. 230, i. If a copyholder will Avear in court that he is none of the lord's copyholder, this is a forfeiture ipfo fa6lo. Co. CopJu . Forfeiture by ^ copyhold eftate may alfo be forfeited for non- non-payment 1 J • of lem. payment or rent. Non-payment at the day is no forfeiture, without a refufal ; but if a copyholder be to pay a certain rent yearly, and the lord comes upon the land and demands his rent at the day, and the copyholder being prefent, refufes to pay it, this is a forfeiture. Rol. Ah. 506. Sir Edward Coke fays, '' That if the lord de- mand the rent of his copyholder, and he faith, That he wanteth money to difcharge the rent, and therefore entreatcth the lord to forbear until he be better provided ; unlefs the lord giveth his confent, this non - payment is a forfeiture ipfo fa^fn-,' — and that if the lord continueth in making a demand upon the ground, and the copyholder is ftill abfent, this continual denial in law amount- eth to a denial in fa6V, and maketh the copy- holder's eflate fubjed to a forfeiture without pre^ fcmment." But thefe points have been fmce con- trad i(5led^ Forjeiture, 109 ?radicled by folemn rcfolutions : — for, in the firft inftance, the defigning to pay, fignifies the con- tinuance of his will, and is no refufal; and in the fecohd, a denial at law cannot amount to a wilful refufal. See Rol.Ahr. 506. Cto. E. 350, 505. If a copyholder makes a leafe for years, not Forfeiture in warranted by the cuftom, and without licence leafes" or djf- from I he lord, this is a forfeiture ; though fuch pofingofhis leafe is good againft every body but the lord. Moot\ 184. Salk. 186. Alfo, if a copyholder makes a leafe for years by parol, to commence in futuro^ this is a for- feiture ; becaufe of the unlawful contraft to the lord's dilherifon. RoU Ahr. t^o'j.-^ — but a leafe that will amount to a forfeiture, ought to have a certain beginning and certain end, or elfe the leafe is void, and carries but an eftate at wiJi, which is no forfeiture. Bidji. 189. By the general cuftom of manors, copyholders are allowed to leafe for one year only ; and it: ought :o be in frefmli^ for he cannot make an- other leafe in reverfion, or any other leafe which may continije for more than one year immediately, and not to commence at a day ro come, without being a forfeiture. Moore, 38. Joncs^ 249. If a copyholder takes upon him to convey his copyhold to a (Iranger, it is a determination of his will, and confequently a forfeiture. Co, Lltt. It a copyholder niaketh a bargain and fale of his copyhold, and it is npt enrolk^u according to fh-e tto Forfeiture. the (latute, this is no forfeiture, — no more than a feoffinent without Hvery, — becaufe nothing pafTeth. - Co. Coph. 164. So if a copyholder maketh a feoffment of all his lands mDakf and maketh livery in his charter- lands, no part of his copyhold land is thereby forfeited ; but- if livery be made in any part of the Gopyhoid lands, all his copyhold lands are for- feited, llnd. Sir Edward Coke alfo fays, *' That if a copy- hold for life faffereth a recovery by plaint in the lord's court, as copyhold of inheritance, this is a forfeiture /^/rt67o." However, it has been other- wife adjudged in Bird and Kirk, and Mod. 199, 200. 2 Mod 32, to be no forfeiture; for the lord is party to it, and can take no advantage of it ; — but it is othervvife of a recovery in the King*s courts ; — and if one holding lands in ancient de- mefne, fuffer a recovery in the court ot Common Pleas, though it will be a bar of the entail, and remainders over to all but the lord, and the lands will become fratik-fee, — ■ yet the lord may reverfe the recovery by vvfit of deceit, i SaJk. 57. T. c . . If a copyholder committeth waRc, either volun- Forfeiture in ' -' committing tary or permiflive, ihis is a forfeiture ipjhfa6io* Co. Coph. Voluntary ; as if he pluckcth down any ancient- built hovife ; or if he buildeth any new houfe, and then pulleth it down again ; or if he plougheth meadow, fo that thereby the ground • is made worfe ; warte. Forfeiture. Ill vvorfe ; or loppeth the trees ; or felleth the lop- ping; or if he cut down any fruit-trees for fuel» having other wood fufficient, — thefe, and the like voUintary wafles, arc forfeitures tpfo faBo. Ibid. Permiffive ; as if he fuffereth his houfe to deca}-, or fall to the ground for want of neceflary repara- tions ; or if he fuffer his meadow, for want of mend- ing his banks, to be furroundedjfo that it becomes rudiy and worth nothing ; or his arable ground fo to be fiirrounded, th-at it become unprofitable, — thefe, and the like permifuvc wafles, are forfeitures Iffo fddo. Ibid. Voluntary wafte is a forfeiture by the common law ; but neghgent wafte is not without a cuftoni. lS!oy^ 51. It has indeed been adjudged. That pcr- miflive wafle, without any fpecial cuflom, is a forfeiture; — and although it has been faid, that this mufb be underftood of fuch wafle, as per- mitting houfes and buildings to decay, &c. for that if a ftranger, or the copyholder's leflce commit walie in cutting timber, or othcrwife, it is no forfeiture; for every forfeiture ought to be "tlie wilful acl of the copyholder, fo as it may amount to a determination of his will ; yet it (hould feeni that the better opiiiion ilill is, that fuch wafie amounts to a forfeiture. . • The fpecies of wafte mofl frequent, and upon which there have been mod doubts and difputes is, that of cutting timber ; on which point there have been the following dccifionL. : — If J 1 2 Forfeiture.' In what cafes ^^ ^^^ been determined, that the lord of a minbr the lord may j^-j-^y (^,^j- ^jown timber growing upon tlie copyhold • from copy- lands, provided he leave fiifficicnt for repairs, hold lands, houfe-botc, cart bote, plough-bote, ^c. 13 C0.68 ; • and Hey doit verfus Smithy 2 Brown. 328. But if he cut down trees to which the copy- holder was entitled for repairs, the copyholder may maintain an aclion of trefpafs againft him. SaJk* 638. 12 Mod. 378. In a later cafe indeed, that o{ AJlnneed verfus Banger J in Lord Raymond, 351, it was adjudged in Parliament, that where there is not a fpecial euftom for the copyholder to cur, the lord may cut; and the copyholder has no remedy againft him, though he be a copyholder for life, and pleads that he has not fufficientfor repairs. ]t is however worthy of obfervation, that this deciiion, which was to reverfe a judgment given by Lord Chief Juftice HoU, and which was after- wards affirmed in the Exchequer -chamber, was carried by a majority of a Hngle lord j and, it may- be added, gave very general diffatisfadlion at the time ; fome lawyers of confiderable eminence, holding the decifion to be totally againft law ; and that though conclufive as to that adion, yet could not change the law of the land. Where the By the common law, every copyholder for life copyholder may take houfe-bote, hedze-bote, fire-bote, and may take ^ ' & » > tree?. plough-bote, on the copyhold lands. Though thi: power may be re [trained by cuftom ; as that the forfeiture, 1 1 ^ the copyholder fliall not take it wirhout the afiign- ment of the lord, or his fteward or h«iliif, 13 Co. 68. By fpecial cuftom, a copyholder in fee may cut down trees, and fell them at his will. I Roll. 560 ; and fo may a copyholder for life, who, by ciiftom names his fucceffor, — for he has quaft an inheritance. IhuL But a copyholder for life merely, cannot cut down for fale ; for it would be unreafonable that a copyholder for life fhould cut down timber-trees, which, by intendment, had not their growth in his time ; and by that means the lucceeding copy- holder fhould not have any for his ufe to repair his houfe. Cro.Jac^o. \ Rol. ^60. Where the copyholder may take trees for re- parations, the loppings and top belong to him ; and though he cannot repair with them, he may fell them and their bark, to help to defray the ex- pences. 7. Buljl. iZ\. Moore, ^^. If a copyholder cuts down trees for repairs, and employs fome, and keeps the reft to be em- ployed for the fame purpofe, — this is no for- feiture ; for he could not exadly know how much was neceflary. Rod, Ahr, 508 : but if he cuts down trees for repairs, and after does not employ them accordingly, but fuffers them to rot and periQi, — this is a forfeiture. Ih'id. Upon the whole, it may be colleded, that the lord of a manor, where no particular cuftom pre- vails, is entitled, by the commoa law, to all thft I timbcT 1 14 Forfeiture, timber growing on the copyholds within his manor, fuppofing they are felled for fale ; but the tenant alfo has a right to timber for repairs, — • and to underwood, and ihe flirouds of timber- trees, and the tops of pollards cut at feafonable times in the year, for houfe - bote^ cart - bote, plough-bote, ^c. ; but has a right to nothing for fale : and though it has been determined, that an adion of trefpafs will lie againft the lord for cut- ting down timber on a copyhold, which was ne- cefl'ary for repairs, — yet where there is more timber on a copyhold than is requifite for the repairs, and for houfe-bote, cart-bote, ^c. and fuch limber is at full maturity, it is probable that a court of equity would decree, that the copy- holder fliould not obftruCl the lord from felling the timber that is at maturity, and more than can be wanted for repairs, and for houfe-bote, cart- bote, ^c. It mufl notwithflanding be admitted, that the copyholder has a fpecial property in the timber ; and therefore in fome manors the lord compounds with the copyholder for his fpecial intereft. * If a flranger cuts down trees upon a copyhold, the copyholder (hall have an adion on the cale for the lofs of fliade-fruit, ^c. ; and the lord alfo for the prejudice to his inheritance ; — and he in remainder or reverfion may alfo have an adion ; and each may recover if each hath been damaged. 3 Lev. 131, 209. The Forfeiture, llj» The inclofing of copyhold lands, one from an- Forfeiture by other, or inclofino; where no inclofure was before, '"'^^^^"'■^' ' ^ ^ ' conroundmg and alfo defacing the doal-marks or land -marks, boundaries, are forfeitures ; becaufe by thefe means, the evi- nifife"^&c. dence of the lands being copyhold, may be de- ftroyed. Lut. 268. Chan. Prec. 57, If a copyholder wilfully confounds the bound-, aries between his freehold and copyhold lands, it is a forfeiture ; but the confufion of boundaries may be owing to neglefl, as well as fraud, which ought not to be prefumed ; and where there is a confufion of boundaries, the only way to fet out the copyholds is, to file a bill in equity for that purpofe; the expence of which will probably fall on the tenant, whofe duty it was to preferve the boundaries. Without a fpecial cuftom, even a copyholder of inheritance cannot dig for mines ; for the copyholder feems to have no intereft in the inheritance of the lands j — but he may dig for marl to lay upon the land, for the melioration of the foil. Gilh. Tenures, See alfo the cafe of the Dean and Chapter of Ely V- Jf^arren^ Co. Rep* The converfion of land from pafture into Forfeiture by arable, manuring the land to hop-groiid, or con- [^"j^J^^" " verting the land to a pifcary, has been agreed to "i'^s of wafte for which a forfeitu o may ..ted. Co. Rep. 267, 268. The r^oba- .n for the firft may be, that by fuch rn'-ans .idenceof/theeftate may be loflj and of the I a two II 6' Torfeiture, two latter, a deterioration of the eflate may be apprehended as a confequence. Forfeiture Ladly, Copyholds mav be forfeited for treafon Jor treaion or ' felony. or felony. If a copyholder commits treafon or felony, it is a forfeiture without any particular cuftom. Co. Coph. But the lord cannot feize till attainder without a f[:)ecial cuftom allowing feizure before. 2 Vent, 38. 1 Lev. 263. By an attainder of treafon or felony, the copy- hold is forfeited of common right, but not by a convi<5lion only, i Lev. 263. Though a cuftom, that if a copyholder com- mits felony, upon prefentment of the homage, the lord Ihall enter, ha? been held to be a good cuftom. 1 Bid. 13. I Leo. i. z Brownl. 217. But if a lord grants a copyhold to j4. for life, and after his death furrcnder forfeiture or other deter- mination to B. and yL is attainted of felony, B. (hall enter; for the lord ihall not have it againfl his own grant. S/;///. 29. Outlawry. ^^^ copyholder be outlawed for a capital crime, he will forfeit his copyhold ; for till the outlawry be reverfed, he has no legal exiftence, nor can there be any one to perform the fervices or returns. See Walh. EJil'wn of Gilh. Tenures, 242. It the copyholder has the benefit of clergy, the lord cannot fcize without a fpecial cuftora. i Lev. 263. Neither can he feize if the copyholder be acquitted upon an indi<^tmcnt, i BuL 13* • '■ If Forfeiture, ■ uy If the hufband be attainted, the wife does not Who may forfeit her dower, which ihe has by cuftom in his v^iij'marbc copyhold. R. Hard. 434. exempted A man tionjana memonay an ideoi or a lunatic, x.xiTt. though they be able to take a copyhold, yet they are unable to forfeit a copyhold, becaufe they want common reafon, nay common fenfe. Co, Coph. So an infant that is under the age of fourteen, is unable to forfeit his copyhold, becaufe he want- eth difcretion. Ibid. So 2i.feme covert^ by any a6t (he can do of her- felf, cannot poffibly forfeit her copyhold, be- caufe (he is not fui juris ^ fed fub potejtate viri. ibid. ^ An infant at the age of difcretion may forfeit 2I his copyhold, not by offences which proceed from negligence or ignorance, but by fuch as proceed from contempt. Ibid. * If a ceftuique ufe of a copyhold committeth wafte, he (hall not forfeit the copyhold. Ibid. If the hu(band committeth walle in copyhold lands, which he hath in the right ot his wife, this is a forfeiture of the wife's copyhold. Ibid. • By the ftatute 9 Geo. I, c. 29. it is cnadted, That no ia- fant ovfeme covert fhall forfeit any copyhold meffuages, '^c. for their negledt or refufal to come to any court or courts, to be kept for any manor, wheregf fuch melTuages are parcel, and to be admitted thereto ; nor for the omiffion or denial to pay any fine or fines impofed or fet tipon their or any their admittances to any fuch copyhold meffuages, ^c, I % If ii8 Forfeiture, If two joint-tenants be of a copyhold, and one committeth wade, he forfeiteth his part only ; for no man can forfeit more than he hath granted to him. Ihid. And therefore if there be tenant for life, with a remainder over of a copyhold, and the copy- holder for life purchafeth the manor, committeth wafte, or doth any a6t which amounteth to the extinguilhment or the forfeiture of a copyhold, yet the remainder is not hereby touched. Ibid* And fo if a copyhold be granted to three ha" hendiimfuccejfflvey'^hQXQ, by the cuftom of the ma- nor, this '^oxdifucceffive taketh place, the firft co- pyholder cannot prejudice the other two by any a6t he can do -, no more than if a copyholder in fee by licence, maketh a leafe for years by deed, or without licence by copy, and either of thefe leflees committeth wafte, the reverfion is not here- by forfeited. Ibid. What maybe If a copyholder maketh a feoffment of one acre, Sheffforfe^' Pa^'cei of his copyhold, nothing (hall be forfeited turt- of the but that one acre, i Roll, Abr. ^ ^ ^* But it has been held, that for wafte in one acre, or by cutting down one tree, the whule is forfeited. Ibid. Becaufe the trees are to be employed in building and reparation of the houfes and copy- hold 5 and therefore by the doing of wafte, all tb copyhold is impaired. Fuller and Terry ^ Eajler^ 41 Eliz. B. R. Where a copy hold is held by one tenure, it is faid Forfeiture, faid that a forfeiture of any part, fhall be a for- feiture of the whole ; for there is a condition in law annexed to the whole eftate. 4 Co. 27. If a copyholder for life commits a forfeiture, his eftate for life only fhall be forfeited, and not he in remainder. Roll. 509. And if a copyholder by licence makes a leafe and afterwards commits a forfeiture, the leafe is not forfeited. Hob. 177. If a copyholder holds three feveral acres by force, of three feveral copies, and commits wafte in one, or makes a feoffment of that one, or de- nies the rent of that one, ihat one acre is forfeited ; but it is no forfeiture o^ ^^he others. For although they are in one and the fame hand, yet every acr^ is held feverally, and to every acre there is a feveral condition in law tacite annexed, fo as the forfei- ture of the one cannot be the forfeiture of the others. And where divers copyholds are granted by one copy, and feveral hahendums and feveral reddendums for every of them, but they all began at one time, and were to end at one time, the for- feiture of the one was held not to be a forfeiture of the others, for they are feveral grants, and as fe- "Note. The lad Stamp Aft, 38 Geo. III. requires diftinft luties for each feparate and diftinft tenement ; fo that there will be no inducement to put feveral tenements into one copy, which was growing a cuflom, and much reprobated by Lord Kenyan in the cafe of Sarle v. Marjh^ xViK. B. 1789. See the dSi in the Appendin. I 4 veral 1 2d Torfeiiure, vcral copies. Taverner v. Cromwell, 4 Co. 27. And it was held not material whether the copy- holds were in one or feveral copies, but only whe- ther the tenures be one and feveral. So if divers feveral copyholds efcheat to the lord, and he re» grants them tenendfer antiqua fervitia to A. they Ihall be feverally held as they were before the ef- cheat ; and if he commits a forfeiture in part, it extends not to the whole. See the fame cafe. It (hould be obferved, that for a lord of a ma- nor to avoid a copyhold eftate for forfeiture, there ought to be very direft and certain proof ; and the oath of a ftranger made in the lord's court, has been held not to be of any force or effed to prove a forfeiture. Bulft, 189, 190. In the proceedings in Forfeiurc, great care and circumfpcc- tion it neceflary. The moft fafc and fecurc mode, it is pre* fumed, ii pointed out in the Appendix. CHAP. t 121 1 C Hx\P. XII. B)f^enfdtion vf Forfeiture. ' ^s7orfeltures are odious, the courts are always inclined to conftrue (lender circumftances as dif- penfations of themi and equity will relieve ui many cafes. ^.. . . If the lord doth any thing whereby he doth ^^hatitis. acknowledge hiui his tenant ; after forfeiture this acknowledgment amounteth to a confirmation, as if he diftraineth on the ground for rent due after forfeiture j or if he admitteth after forfeiture, or .the like, thefe are eftoppels to the lord, lb that he can never enter, fo the lord have notice of fucU forfeitures before any fuch ad as may amount to a confirmation be done. Co, Coph. If, after a forfeiture committed, the lord makes where tue an admittance to the copyhold, it amounts to a fl*^3,i"g7wi ^ifpenfation j for it fhall be taken as an entry to besnletl with, and a new grant, i Leo. ib. ^r waivwi, ,. Or if he accept rent of the copyholder, or if fie accepts of any {eivices after a forteirure. x , Kek I ;. 122 Dlfpenfation of Forfeilure. But in both thefe cafes it is prefumed the lord maft have notice of the aft of forfeiture, if the copyholder appears not in court after a perfonal fummons, and is afterwards amerced for not com- ing, it will be difpenfation of the forfeiture : and even although the amerciament (hould not be eftreated or levied, i Lev. 104. If the lord does not enter before the tenant re- pairs, the forfeiture is purged ; and the employing of trees for repairs five years after they were cut, has been held to be a purgation. 2 Sid. 8. If the lord, though he be only dom'mus pro tempore of a manor, admits one to a copyhold, he difpenfes with all precedent forfeitures, not as to himfelf only, but alfo as to him in reverfion. 1 Lev. 26. But a lord by diffeifm or wrong by luch admittance, cannot purge the forfeiture as to the rightful lord. Ihd. If the lord had not notice, it will be no difpen- fation ; as if he accepts rent of a copyholder after wafle done, without notice of it, he may after- wards enter for a forfeiture, i Roll. 475. But the lord (liall be prefumed to have notice of the failure of fuit of court, non-payment of rent, ^c. 2 J^ent. 39. Becaufe they are things within his own know- ledge. It does not appear to be fettled beyond doubt, that the lord may feize for a foreiture by wafle, • without D'lfpenfatlon of Forfeiture. 123 without prefentment. Prefentment has indeed been held to be not of necellity, but for the lord's better inftructlon of his title, and that he may, if he will, take advantage of a forfeiture before the prefentment. Cro. E. 499. Ecjji v. Harding y M, 38. and 39 El'iz, B. R. This, however, has been doubted, and a prefentment is the fafefl way, and therefore always advifeable. If the lord accepts a furrender of the copyholder after treafon committed, without notice, it is no difpenfation. 2 I ent. 38. No advantage can be taken of forfeiture for treafon till attainder ; yet after attainder it has relation back, and the com- mitting the treafon is the forfeiture. Ihld. A pardon of treafon is no difpenfation of for- feiture, and has been fo held. 3 Lev. 94, 2 Jozies, 189. It may be obferved, that except in one or two Where -.quity inftances, the copyholder's general remedy ag-iml [ ',in^^afor- his lord for any injury done to him in his copy- ftiture. hold, is by fubpoena in Chancery. Equity will relieve in caies of non-payment of rent, or fine ; tor in thefe cafes, the copyhold eftate is but in the na- ture of a fecurity for thofe fums ; and tlie lord may be recompenfed in damages. And it was fo held by Lord Macclesfield, in the cafe of Sir Henry Peachey verfus The Duke of Somerfef, Chan. Free. A perfon being a Quaker, retufed to fwear fealty 124 Diffyenfation of Forfeiture, fealty on the fpecial circumftances of the cafe, equity relieved. See alfo Chan. Prec» Though equity may relieve for a forfeiture in a cafe of permiflive wafte, yet, in voluntary wafte it has never given relief. :..P^ CHAP, I '^5 3 CHAP. XIII. Of the Rxtinguijhment of Co^jhoJds. AV"hERESOEVER a copyhold is become not demifable by copy, either by the ad of the lord, by the ad of the law, or by the adl of the copy- holder himfelf, it is extinguifhed for ever. Co, Coph, And firft by the ad of the lord : — a copyhold may be deftroyed by the ad of the lord ; as if a copyhold efcheateth, and the lord granteth away any eftate by deed, this is an extinguiQiment. So if he make a feoffment upon condition, and then entcreth for breach of the condition, the co- pyhold is extind, being once not demifable. IhU. But if the lord keepeth the copyhold lands for ever fo many years, or granteth it at will, this deftroys not the copyhold, becaufe it continueth ever demifable by copy. Ihid. If the lord makes a leafe of cuftomary land, and the leffee affigns his term to the copyholder, the copyhold is deftroyed for ever, i RoJ, 510. And fo if the lord leafe a copyhold for half a year, or any time certain, i RoL 4(^8. Or if he makes a feoff- 12 6 Of ihe Ext'tngii'ijhmeni of Copyhohls. a feoffment, leafe for life, &c. of a copyhold. 1 Ver?j. 438. If the lord grants to ^. who is a copyholder in tail, the freehold of the copyhold to him in fee, the copyhold ahhough entailed is extindt. Dunn V. Greene, 3 Fee re JV'ilUamSy 9. The reafons given for this decillon were, that fuppofing the ciiilom warrants entail, yet the copyhold is ,extin- guidied, becaufe, in the eye of ':he law, that is but an eftate at will, and muft be merged by the grant of the freehold. The premilles, by fuch grant, are fevered from the manor, confequently thcr cuftom of the manor cannot corroborate the legal eftate at will. Moreover, if the entail of the co- pyhold be not extinguifhed, it will be a perpe- tuity, fince the only proper way of barring the - entail of a copyhold, is by recovery in the lord's court ; but after fuch feverance, no recovery can be fuffered in the lord's court. But if the lord enfeoffs his copyholder to the ufe of another, his copyhold is not deliroyed. y Co. 39. If the king grants a copyhold by patent, for life, it fhall not be extind: j but the king may af- terwards grant it by copy. 2 RoL 197. And if the king afterwards grants the manor, the grantee after the life ended, may grant it by copy. Jhiil . If the lord grants the freehold of a copyholder to /4. for the life of the copyholder, his copyhold is not deflroyed. Hob. 181. And if the lord makes Of the ExtlngulJIimenf of Copyholds. 127 makes a bargain and fale cf the inheritance of a copvhold, to a copyholder for li/e, who accepts it, the renjainder of the copyhold is not thereby deflroyed. 9 Co* 106. If tiiere be a copyhold for three lives, hahenJum fuccejfive, and the lord by deed y^rants the inhe- ritance to the firft, the iiiterelt of the fecond life is not deftroycd. 2 Leo. 72. But if the firft life be dcftroyed by grant of the inheritance, the i'e- cond life in remainder cannot have the advan- tage till the death of the firft. If the lord make a leafe for life to the copy- holder by parol, if livery be made, this fhall con- found the copyhold ; but if no livery be made, it fhall not. Latch. 213. If a man feifed of a manor in right of his wife, lets land by indenture for years, this doth not deftroy the cuftom as to the feme ; for after the death of her hufbaad, flie may demife it by copy again. Cro. E/iz. 459. If a lord of a manor, having many ancient co- Grantee of pyholds in a town, grants the inheritance of all anceofcopy- thofe copyholds to another, the grantee may keep ['"'^s, may " ° ■' ^ hold a cuf- a court for the cuftomary tenants, and accept fur- ternary court, renders, and make admittances and grants j for ^^^"2^"°^* though it is not a manor in law, but is extinft for want of freeholders, yet as to the copyhold tenants, the grantee hath fuch a manor that he may keep courts. 4 Co. 26, The feverance of the freehold, and inheritance of J2S Of the ExtinguiJhnmU of Copyholds, of the lancT, held by copy of the manor, does not ^ €Xtingui(h or determine the copylrold eftate, for " the cuftom hath eflabliflied his eftate, fo that the lord cannot ouft him fo long as he pays an-d per* 2 forms his cuftoms and lervices. 2 Co, 17, a* Sdne's cafe. The lord by this ad cannot, without the con- current ad of the copyholder himfelf, determine the eftate and intereft which the copyholder has in his copyhold, and therefore the feverance of the freehold, and inheritance of the land, holden by copy of court-roll (being done by the ad of the lord) doth not determine the copyholder's eftate,^' or cxtinguifli the copyhold : but if the copy- holder will join with the lord in a deed of feoff- ment of the manor, there, by that ad of them both, the copyhold is extind. See StipplemoH tife of the bankrupt lliall not have her dower. Cro Car. ^6g. Copyholds are held to be within the flatute of fewers ; to be taxed, but not to be fold. Skin. 297. iV/V//. 3 /r. &M inK. B. Glovir v. Cope. Copy- 138 Jf'hat A^s of 'Parliament Copyholds are within the fevenih fedion of ihe ftatiue of Frauds, which requires all declarations of trufts to be in writing. Ses Withers v. Withers^ JinhUr, 151. So are they within the ftatute 7 Ann. c, 19, relative to conveyances by infint truftees. See Durnf. 2indi Eaji, 103, Doe ex Jem. Uarmari et Ux. V. Morgan ; — and fo are they within the ftatute 4 Geo. II. e. 28, relative to diflreffes for rent arrear j — and within the ilatute of 9 Geo. II. r. 36, of mortmain. See 1 Fes. 225. Copyhold lands are held not to be within the ilatute oiWepmnJier^ 2 C. 20, of executions j for although a plaintiff may have execution againft a copyholder for debt and damages, by writ of jieri facias againft his goods, or writ of capias againft his body, yet he cannot have execution of his copyhold lands by writ of eJept^ — for that copyholds are r;Dt within the ftatute ; and if a ftatute-merchant or llaple be acknowledged by a copyholder for the payment of money at a day ceiiain, which is nor paid, his copyhold lands are not extendable for the fame; and the reaion of ihefe cafes is, becaufe no pcrfons can come to copyholds but by admittance of the lord, •—-•and the lord fliould thereby lofc his fine, which is due upon admittance, if the party might have the lands upoii extent delivered unto him. Supplement to Co. Con.'p. (-'Opj. It is notwithflandingto be obferved, that there may be a cuflom in manors to extend the lands of Jhall he fa'id to extend to Copyhold Ejiates^ ^c. of a copyholder ; and where fuch cuftom does exift, the lord may compel an admittance, and demand a fine, as has been noticed before. In Hejdon\ cafe, however, in 3 Rep. 9, Raflery 16 Rll%. it was agreed by the whole court, that this act does not extend to copyholds. Tlie ftatute of 16 Kic. II. c. 5, which makes it a forfeiture of lands, tenements, and hereditaments, to the purchafer of excommunications, bulls, ^c. in the court of Rorne^ ^c. does not extend to copyhold ; becaufe it would be prejudicial to the lord to have the King Co far interefled in his copy- hold without his confent. Co. Coph. The ftatute 2 Hen.Y- c. 7. of heretics, has been determined not to extend to copyholds j for tho* the lord of a manor is yearly to receive a benefit in having the lands, alter the year and day, for- feited unto him, yet becaufe the King Is a (harer in this forfeiture, therefore, lands by copy are no: tomprehended under the general words; — be- fides, tlie ftatute ipeaks of the King's having annum^ diem, et vajlum of thefe lands forfeited for herefy, as in lands forf'^ited for felony, — whereby it appears that the meaning of the ftatute is, that fuch lands only fliould be forfeited in which the King, by the ordinary courfe of law, fhould have annwn^ diem, et "cajium, if the tenant of them had committed felony ; — but fuch Ian Is ajre not knds by copy^ for if a copyholder commits ftilcny , his i 40 IVhaf A6fs of Pa rliament his copyhold is prefently forfeited to the lord y therefore copyholds are out of the general purview of this ftr.tnte. Co, Co ph. Copyhold lands are not within the ftatute of II Hen.NW. r, 2c j that the alier.ation of the wife of the inheritance of her deceafed hufijand ihall be void. 2 Sid. 73, K. B. E,ifier^ 1658, Barring' ton V. Smith, The fiatute 27 TJiU. VIII. c.io, well known by the name of the Statute of Ufes, docs not extend to copyhold eftates ; for it would tend to the lord's prejudice. If a copyholder furrenders to the ufe of another, the pofieflion is not executed to the ufe, for the furrenderee has nothing till admit- tance ; for it was not the intent of the fiatute to execute the poiTefiion to the ufe of copyhold lands, for then the tenant would be introduced without the lord's confent. See Gilh. Treat, of Tenures, Neither does that branch of the fame fiatute vvhrcli fpeaks of jointures, — becaufe dowers of copy- holds afe warranted by fpccial cufiom only, and rot by ihc con:imon law, or general cuflom* Co. Co ph. If a jointure be made to a woman in copy- hold, that will be no bar to her dower ; the reafqn is, becaufe the words of the provvfe being general and introductive of a new law, to bar women of their dover v.here they were not barred by the common law, there is no rcafon to extend them* fmts? JJiaJl he /aid to extend to Copyhold Ef^ates, <^c. 141; fince an eftate in copyhold lands is very difadvan- tageous to the woman, who inaft pay a fine to be admitted i which (he may not be able to do, and thereby will commit a forfeiture ; — hefiues, a woman is nor dowable of common right of copy- hold lan:!% and fo it (eems to be oat of the regard of the ftatute ; — and Lord Coke defines a join- ture to be a competent livelihood of freehold, fo that it mud be an eftate of freehold. GUbert Treat, of Tenures, Theflatutes of 51 H'm.WW. c. r j and 32 Ihn. VIII. c. 32, by which joint-tenants and tenants in common are compellable to make partition by a writ de partitione facicndd^ as co -partners at the common law, extend not to copyholders, — becaufe this alteration of tenure, without the lord's con- fent, may found to the prejudice of the lord. Co. CopJu Befides, copyhold lands are not im- plead able at the common law. Whether the laft-mentioned ftatute, c, 37, im- powering executors to diftrain, extends to copy* holds or nor, has been doubted. The flatutes of wills do not extend to copy- holds. See 2 j4tk. 36. luj/nell v. Page. The ftatute of 13 Eliz. ^.4, of auditors and receivers of the Queen, does not extend to cop}--- holds ; for power is given by that act to make fale by her letters patent, — and it Vv^ould be a great prejudice to the lords of ftich copyholds, that the Qi_iecn i^-'Z U hat u4cls of Parliament Queen fliould have the land. Mich. 30 EUz^ Saliard v. Everet. Copyholds are not liable to the twenty pounds fer month, upon the flatute 29 Eliz,. for recu- I'ancy, by reafon of the prejudice that may there - ]>y come to the lord, who has committed no of- fence, and therefore fiiall not lofe his culloms and fervices. Gilbert'' s Treat, of Tenures. The ftatute of 31 Eliz. c. 7, of cottages, does not extend to copyholds. Bidfi. 50. Mich. 8 Jac, Broche \. Beare. A copyholder is not within the ftatute 1 2 Car.W. to difpofe the cuflody of his children ; but the cuftody fliall be to the lord, according to tlje cuf- tom of the rrnnor, as to the copyhold lands, — for the preju.dice which may be to the lord, and for the mcanncfs of the eflate. 3 Lev. 395. Eafier, 6 IP. & Mar. Com. Fleas^ Church v. Cud-more. By the acl of 12 Car. II, for the trial of the re- gicides of King Charles the Firft, the forfeiture is given to the King, of all lands, tenements, and hereditaments, &V. which the perfon attainted had on the twenty-fifth day of March, one thouland fix hundred arid forty fix. It became a matter ot doubt. Whether, by the general words of this ad of parliament, copyhold lands were included j « — but the point was given up. The flatute of i^Geo. II. c.iOyf.g, relative 10 eflatcs, ^our autre vie, has been held not to ex- tend to copyholds 3 for that fe6tion is exprefsly confined JficiU he /aid to extend to CopylwJd EJiates ^ &c, 145 confiued to cafes in which there is no fpecial oc- cupant, j^mhlcr, ic^i. Withers ^» Withers. In the before-mentioned inftances, as well as in all other cafes where copyholds have not been ad- judged to be within the purview of flatutes con- taining general words; the reafon is, becaufe of therefpeft to thelord's prejudice. Carth. 205. It fliould have been before obferved, that there can be no general occupant of a copyhold*, al- though there may be a fpecial one -j- ; as if a copyhold be granted to A and his heirs^ during the life of 5. Here, if A. die during the life of B. the heir of ^. muil be admitted, and pay his fine. See Co. Coph. J. 56. Gilb. Ten. 327. * Lord Raym. 1 000. f 2 Juft. BlackJl.Rcp. 1 148, Doe ex dcm. Lnnpriere v, Martin. CHAV. [ 144 ] CHAP. XV. Of Surrender, Copyholders and cuftomary tenants can- not legnlly or effedually transfer their eftates by ' any other means than by furrender; which is the yielding up of the cdate by the tenant into the hands of the lord, for fiich purpofes as fliall be What the fur- cxprefTed in the furrender. *' This method of renderis. ,, conveyance," obferves Mr. ]uk\QQ Blaclfloney *' is fo effential to the nature of a copyhoid eftate, *« that it cannot poffibly be transferred by any ^^ other ailu ranee. No feoiTmept, fine, or reco- *^ very in the King's courts, has any operation " thereupon. If I would exchange a copyhold " eftate with another, I cannot do it by an ordi- *' nary deed of exchange at the common law, — ■ *' Ivdt we muft furrender to each other's ufe, and " the lord will admit us accordingly. If I would "^ devife a copyhold, I muiT: furrender it to ths *' ufe of my kill will and teftament * ; and in * This is to be underflood of pcri"t6l copyholds, or copy- holds of inheritnnce oiily, and not of copyhold eftates heid lorlives, which, being confidt-red as mere chattel interells, may become the o!ij,*51: of teilamcniary difpofition without any- formal furrender to the ufe of the will ; and, in many manors in this kingdom, this is a ficquent pnidice" my 0/ the Surrender » 145 " my will I mud declare my intentions and itame ** a devifee, who will then be entitled to admif- " fion. Nothing paffeth by the will, but all by " the furrender =^." The will is only a declaration of the ufes of the furrender. i Bulft. 200. And in confirmation of this, it has been determined, that a copyhold fur- rendered to the ufe of a will, fliall pafs by a will attefted by two witnefles, or one only, 2, Feere. tVilliamSy 258; and 2 Ath 37. 2 Brown Chan* Cas, 58. All perfons who may make grants, or convey ^Vhat perfons their eftates, may by furrender pafs their copy- der. hold lands. If an infant furrender copyhold lands, he may at his full age difagree, and enter thereupon j for this is not a conveyance of equal folemnity, with a feoffment which works a difcon- tinuance, and which, notwithflanding, the infant may avoid at his full age. Bac. Ahr. But a,n in- fant may be diredted by the court of Chancery to furrender a copyhold which he has as a truflee of mortgagee. See 3 Diirnf, and Eafi, aniea Doe €x dem. Harman et Ux, v. Morgan. Kfeme conjert may, with the concurrence of her hufband, furrender lands being folely examined by •the fleward. Gilh, Jen. z^j-j^ and i H, Blackji* 392- * N. B. There Are two exceptions to Mr. Juft'.ce Black- {lone's pofition : ift, The conveyance by commiffioners of bankrupts; and, 2d, A releaie by a .tenant to his lord. X. And 146 Of the Surrender, And if there be a fpecial ciiftom for her to be examined before two tenants out of the manor, it is good. Ih'id, One joint tenant may furrender to the ufe of his companion. Co. L'ltt. 59. But if there are two joint- tenants, and one of them fiirrenders to the ufe of his will, and dies before the furrender is prefented, having made his will, this is a feverance of the jointure; for being prefented, it relates to the time of the firft furrender. Gilb. Ten. t.'j']. A copy- holder may furrender to the ufe of his will without a fpecial cuftom ; and a cuftom to reftrain him from doing it, cannot be fupported. 3 Bro. Chan, caf. 286, V'lke V. White. A furrender is the manifeftation of the alienor's intention, and by the fubfequent admittance it is that the conveyance receives its perfection. A co- pyholder furrenders to the ufe of another, who be- fore admittance furrenders to another who is ad- mitted, no intereft is hereby vefted in him; for the firit furrenderte had nothing in hitn to give over; and the admittance of the fecond furrenderee did not amount to an admittance of the firft. hac, Ahr. Such intereft is however aflignablc in equity at leaft ; as where A. covenanted to furrender to the ufe of B. who before any furrender was made, afligned his intereft to C. A. then furrendered to C. ; C. ought to be adrnitted, and one fine only is due. See 2 Durnford and Eajl, 4 4, The King v. ihe Lord of the Manor of Hcndon, antva. A copy 0/ the Surrender n 147 A copyholder may furrender his copyhold by May furren- V .V , r r 1 ^^^ by attor- attorney in court ; or it the perlon tolurrender can- ney. «ot come to court in perfon, the lord may appoint a fpecial fleward to go to the prifon and tak^ the furrender. i Leon. 46. A copyholder may alfo furrender by attorney to two copyhold or cuftomary tenants out of court ; but it muft be warranted by the cuftom * ; and the furrender by attorney muft be by deed. See Stiles' s Fra6i. Reg, 74. Although furrenders by attorney are generally allowed, yet the pur- chafer ot a copyhold is not obliged to accept of a furrender by attorney, but may infift on the ven- dor's furrendering in court. Mitchell versus Neah 2 Vezey, 679. An attorney who makes a furren- der ought to make it in the ufual form, and in •the name of the copyholder, and not in his own name. 9 Co. 76 j or elfe he (hould (hew his autho- rity, and fay that he furrenders by force of fucU authority, i Roll. 50 1 . Sir Edward Coke fays, " The law is not fo ftrift ** to a copyholder as that he muft come perfon- ** ally into court upon the making of every iur- *' render ; but he may furrender by attorney, as " well as livery, and feifin may be made by at- *' torney at the common law ; and ftiould the law " be otherwife, great inconvenience would enfue; * This is a dangerous praftice, and ought never to be permitted by the fteward, unlefs in cafes fully and perfei5\ly warranted by the cuftom. L 2 *' for 1 4S Of the Surrender, " for how fhould copyholders that are in prifon, *' or languiQiing upon bed, or beyond the feas, ** furrender but by attorney ? and he proceeds " to make the difference between a bare autho- ** rity, joined with a confidence without interefl, <* and a general authority accompanied with an " interefl. In the firft cafe, the authority cannot " be executed by attorney, for that were (to ufe ** his own words) * to make an attorney upon at- *' torney, which the law will in nowife permit/ " though in the latter fuch authority may be ex- ** ecuted by attorney.'* Executors, therefore, or perfons empowered to fell the copyhold of their teflator, cannot furrender by attorney, for in fa<5\: they are no more than attornies themfelves. Co; Coph,f, 34, 9. Co. 75. h. What fliall Lord Coke fays, that the word furrender is voca- fmrender? * ^'^^'^^^ ^^^^-^ J and therefore where a furrender is re- quifite, no other words will fupply the want of it j as the words, give, grant, or the like. But it has been held, that words fpoken in court, exprelT- ing the copyholder's intention of furrendering, and that he defigns not to hold it any longer, will amount to a furrender ; or, if he fays that he is weary of his copyhold, and requefts his lord to take it again. Jotiesy 1^2. Such words however, it (hould be obfcrved, muft be Ipoken in court, otherwife they will not amount to a furrender. Or to fay that he renounces his copyhold, is no furrender, becaufe he limits it to nobody. Roll. Of the Surrender, 149 Ahr, 502, A copyhold may be furrendered by implication, as if a copyholder in fee comes into court and accepts a new copy to himfelf for life, remainder to his wife for life, remainder to his fon for life : this implies a furrender to the ufe of himfelf for life, &c. but the reverfion continues in him. Gilh. Ten. 254. A furrender is of itfelf a thing executory, and of the opera- executed only by the fubfequent admittance ; for fy°"gn^(jerln nothing is veiled in the grantee before the lord paffing an ef- hath admitted him according to the furrender. Co, Coph. 97. And the furrender and admittance are different parts of the fame inftrument, and make only one conveyance, for the admittance re- lates back to the furrender. Sir Edward Coke (ays, that in " cuftomary " grants, the intent of the grantor is more ref- *' pedled than it (hould be, by the ftridl rules of *• the law, which appcareth by this, that if a fur- " render be made of a copyhold to the ufe of a '* laft will, and the furrenderee devifeth it unto ** two, the one is admitted according to the pur- *« port of the will, this fhall enure as to both. *« But though the furrender be a thing executory, *' and the intent of the grantor fo much favoured, ** yet if a copyholder will furrender to the ufe of *' the right heirs of 7. S. he being alive, this is '' void, becaufe it cannot take effed according to •' the intent of the grantor, for he would have die *' grant to be executed prefently, which cannot L 3 " be^ Of the Surrender. '^ be, in regard that /. S. can have no heir till af- '* ter his death." Co, Coj[>h. <)'], It has been faid that furrenders operate as forcibly as fines, and bind by way of eftoppel j but they will not bar an entail where a recovery may be fuffered. And a furrender by tenant in tail of copyhold, will not operate as a difcontinuance, but will pafs only all fuch eflate as the furrenderer may lawfully grant ; that is to fay, an eftate to the furrenderee and his heirs, determinable on the entry of the iffue in tail. In the cafes however of furrender of copyhold eftates, the fame conftruclion muft take place as in all other conveyances at law, and fo held iti Idle verfus Coke^ Holt's cafes^ 164, by the whole court, that a limitation of iifes in a copyhold furrender, muft be conilrued by the fame rules as if it were a limitation in any other conveyance at common law ; and that the intent oi the party is • not fufficient as in a wilL Sutton v. Stone and ethers^ 2 Salk.^ loi. Surrenders to wills are always taken favourably. 3 ^tk, 734. It has been held, that a man may furrender to the ufe of his own right heirs, and the lord may hold as his trudee ; a man may alfo furrender copyhold lands immediately to the ufe of an in- fant en vent efa mere ; for a furrender is a thing executory, and nothing vefts before admittance ; and therefore if there be a perfon to take at the lime of the admittance, it is fufficient, and not like a grant Of the Surrender. I^l a grant at common law, which putting die eftate out of the grantor, mud be void if there be nothing to take. Bac. Ahr. If a furrender be made to the lord without ex- prefllng any ufe, it fhall be to the ufe of the lord j for it cannot be imagined that the furrender was made to no end or purpofe wbatfoever. Co. Coph. 95- The furrender, it fhould be obferved, being of May be re- itfelf a thing executory, may at any time before prefentment be revoked; as aHb if it be made without a valuable confideration. Roll. 82. A copyholder having a fee fimple, according to what fliall the cuftom of the manor, may make what difpo- P^^^ ^^ ^^^ . r surrender. fition of 'it he pleafes, and may furrender it abfo- lutely or for a limited time. But fuch difpofition is not to receive the fame favourable interpretation that wills and devifes do at the common law ; for a man may as well order a furrender in his hfe time according to the rules of law, a^ he may any deed to pafs a freehold eftate. Therefore, if a copy- holder in fee furrender to the ufe of ^. and li. and the longer livei' of them, and that for want of iflue of ^. the lands fhould remain to the youngell fon of /. 5. ; in this cafe, A. has but an eiiate for lifej for an eftate tail in copyholds fliall not pafs by implication. Bac. Ahr. Strictly fpeaking, no- thing can properly be the fubjecl of a furrender but a legal intereft ; but it is not abfolutely necef- iary that the furrenderer have an eftate in poflef- L 4 fion ^ Of the Surrender. fion J it is fufficient if it be in remainder or rever- fion ; for perfons in remainder or reverfion are equally in the feiiin of the fee. So that a re- mainder or reverfion is equally the fubjed of a fur- render. 8ee Mr. Butler's Addit. Notes to Co. Lift, 266, 6. However, if a perfon is not in the feifin, he cannot furrender, as if he has only an equity or right, or authority, or any claim which lies not in tenure. See Durnf. and Eajl^ 365. It muft here be obferved that in cafes of wills, a teftamentary inflrument operates only as a de- claration of the furrender ; and, inafmuch as a per- fon cannot furrender what he has not, fuch tefta- mentary inflrument can have no effe6t where no fuch furrender has been made; fo a perfon can only furrender that which he has in him at the time j hence it has been determined, that no after- purchafed lands can pafs by a furrender made pre- vioufly to the purchafe. See Durnf. and Eaji^ 365. Good tithe v. Mo'ife^and d Durnf . and Eaji^ 63 Doe dem. Ibhott. v. Cowling et Ux. 1 Ari/i, ir, Moife V. Faulkener. Neither can lands pur- chafed after making of the will, though before the furrender, pafs. As if a perfon holding fevcral copyholds, makes his will, and devifes all his co- pyhold tenements, and then purchafes other copy- hold lands, and afterwards furrender all his copy- hold tenements to the ufe of his will, — the copy- hold lands which were purchafed after the execu- tion of the will, though before the furrender, will not Of the Surrender, 153 not pafs. See i Durnf. andEaJi^ 455. Spring and Fletcher v. Biles et alt. A codicil, however, may operate as a republication, and bring the will to the date of the codicil. DongL 716. A will to pafs copyholds, requires not the lame iblemnities as a will for the paffing of freehold; and therefore a will attefted by two witneffes, or only one, or not at all, will be fufficient. 2 j4tk, 37. Tuffnell V. Page^ i Fef. 225. Attorney General v. Andrews, 2 P. IPiUiums, 258. Wagjiajfs. Wag' Jla-ff. It has indeed been a queftion even whether a parol will would not be fufficient for the purpofe; and there is much 9;ood aroument in favour of this pofition. See Watk. Trentife, voL i. />. 130. If a copyholder furrenders to the ufe of another Surrender to and his heirs, to hold from the time of his death, ad"avtocome<, fuch furrender is void; for a funender can no more commence at a day to ccme than a livery. Cro. Jac. 376. Bulfi, 272. A furrender of a houfe cum pertinentis, will pafs only the houfe, orchards, and yards, and not the lands. Cro. Jac. Kit. 81. If the limitation of the u[e be general, the cef- tuique ufe taketh but an eftate for life; for copy- hold eflates, as a neceffary confequence upon the cuftom, (hall be diredted by the rules of law, un- lefs within the manor there be a fpecial cuftom to the contrary : as that^J^i etfids, ox fihiet ajjignai'ts^ or fuch like words, (hall create a fee. 4 Co. 29. Befides 154 Of the Surrender. What peifon Befides the lord and fteward, by fpecial cufiom, may accept ' j i. luchfurren- two copyhold tenants, or the baihff, beadle, or er, and reeve of the manor, may accept a furrender : and fo may a deputy fteward. i Com. Rep. 84. And it has been held, that a deputy may appoint ano- ther perfon to take a furrender, though it be to be taken out of the kingdom ; and, in a word, the per- fon fo deputed may do any a6l which his principal might have done, i Com. Rep. 4 Leon, 3. and 1 Lord Raym. 659. A copyholder may furrender to a diifeifor, aba- tor, inti'uder, tenant at fuffe ranee, or any other that have defeafible titles, and their admittance will be good and il}all bind him who hath right j for that, fuch particular tenants are compellable to do j and it was no more than the rightful lord muft have done. Bac. Ahr. A furrender to the fteward to the ufe of the ftevv'ard, is good, to give the fteward an intereft ; for the furrender is to the lord, and not to the fteward. Cro. EViz. 717. ivhere fur- Generally fpeaking, all furrenders ftiould be render fhall . , . r - 1 n_ r be made. made m open court; but by Ipecial cultom furren- ders may be well taken by the lord, the fteward, or two copyhold tenants out of court : and the lord and fteward, by a like fpecial cuftom, may even take a funendcr of a copyhold out of the manor, HoiiJ'ey and JVdde^ M. 13 Jac. And they may take a furrender from ifeme covert out of court, though fuch a furrender m.ay not be made to two copy- hokl Of the Surrender. ijjj hold or cufliomary tenants, becaufe fhe mufi: be fecretly examined by the fteward, unlefs there Ihould be a fpecial cuflom for her to be examined before two tenants. It Iliould however be ob- ferved, that the power of examination by two te- nants, is by no means incident to the power to two tenants, to take a furrender out of court. There . muft be a fpecial cuflom for ir. A copyholder may alio furrender to the ufe of another on condition, as to pay the furren- deree a fum of money at a time to come. f'Vade's cafci 5 Rep. And this by cuflom he may do, as well out of court into the hands of the fteward, or two copyhold or cuftomary tenants, as in court. Such furrendcrs, however, when made out of court, in order to be made effectual, muft be prefented in court, by the perfon or perfons who took them, at the next general court to be holden for the manor ; for the prefentment is the notice to the lord and tenants of the ad. It mufl be obferved, that on a furrender being made, no eftate palTes in confequence to the lord, but it remains till the nominee be admitted in the furrenderer -, and until the admiflion of the fur- renderee, the furrenderer may maintain an aflion of trefpafs; and if he dies, the eflate will defcend to his heirs. Cro. Car. 283. Co. Coph. 29. Cro. E, 249. (itid Cro. Jac. 403, CHAP, C 15^ 1 CHAP. XVI. tlliere the want of a Surrender y or a dsfc3lvc Surrender y will befiipplied in Equity, Although copyholds, by the ftria rules of the common law, can only be conveyed by fur- render, yet in equity the rule receives a relaxation. And the want of a furrender, or a defedive fur- render, will be fupplied in equity in the feveral following inftances. In favour of Equity will fupply the want of a furrender, or purcbafers. ^ defeftive one, in favour of purchafers 5 as if ^, contrads with B. for the purchafe of a copyhold cftate, and pays the purchafe money, and B, agrees to furrender the premifles at the next court, but dies before the next court, or before any fur- render made, equity will here fupply the want of a furrender. Barker v. Hilly 2 Chan. Rep, 218. A tenant in tail of the truft of a copyhold eftate, with remainder over, and the truftees refuling to furrender the legal eftate to hijn, he brings his bill to compel them j and pending that fuit he goes to the lord's court and offers to furrender, but is refufed, not having the legal eftate^ and thereupon he fFani of a Surrender , or defeSllve, &c. "157 he makes his will, and devifes his eftate to his wife and children : the court conceiving the will fuffi- cieut to bar the entail of a truft, and he having done all he could, decreed the eftate to go accord- ing to the will. 2 Fern, 585. Equity will alio fiipply the want of a furrender, In favoty ©f or a defective one in favour of creditors. 1 IFms. '^'^^ ^^*^** 443, 3 0^ms. 91, 283. As where a man devifes copyhold lands for payment of his debts, this will be 2;ood without a furrender. But if a man feifed of freehold and copyhold lands, devifes both for payment of debts and legacies, but the copy was not furrendered to the ufe of his will, and the freehold was fufficient for the debts ; and the queftion was whether the court would fupply the want of a furrender, and lay the legacies on the freehold and the debts on the copyhold ? as when there are iimple contraifl creditors and bond or judgment creditors, and perfonal alTets not fufE- cienttopay both, the mafter of the rolls held. That the want of a furrender could not be fupplied for the fake of the legatees ; and he faid it was never yet done, efpccially as where they are mere ftrangers. Rejier and Stock, Eq. cafe Abr. 123. But fee Bhh v. Eley, 2 Brown Chan. Caf, And where a man devifed all his real and perfonal eftate for the payment of his debts, the lord chancellor refuied to fupply the want of a furrender as to his copy- holds, becaufe it did not fufficiently appear to have been his intention to charge thole, Jbr. Eq. 124. One, X ffS Where tfie ivant of a Surrender t One, by will, charges all his worldly eftate with his debts, and dies feifed of freehold and copyhold eflates, which he particularly difpofes of by his will ; the copyhold, though not furren- dered to the ufe of the will, Ihall yet be applied to the payment of the debts pari pajfuy with the freehold. 3 Peere Wnis. 96. Where one by will charges his copyhold land with payment of his debts, equity, will in cafe the teflator dies without having furrendered his copy- hold to the ufe of his will, {upply the want of a furrender ; but if it be but an equitable charge, fo that the legal eftate of the premifTes delccnds to the heir, it fcems that the creditors in a bill brought by them, in order to compel a falc for payment of their debts, fhould make the heir a party, other- wife the legal eftate cannot be conveyed to a pur- chafer. 3 Peere IVrns, 97, 322, One devifes all his real eilate to pay debts, having part freehold and part copyhold, and dies without having furrendered the copyhold to the ufe of his will ; if the freehold be not fdfHcient to pay debts, the copyhold, being real eftate, fliall be liable. 1 Peere IVms. 443. And in a recent cafe, before referred to, Bixby v. Eleyy 2 Browns Chan. Cafes, it was finally decided, that a fur- render of copyhold fliould be fupplied in favour of creditors, even though there was fieehold fpe- cifically dcvifcd by the lame will. Equity i)r a deft6iive Surrender ^ &c. 259 Equity will a'fo fupply the want of a furrender, In favour of x)r a defedive one, in favour of younger children, jren. againfl: an heir at law. 3 fFnis, 283. But if the cafe be fo circumftanced, that by that means the younger children would be in a better condition than the heir at law, equity will not interpofe. Fern, 132, 163. It has been held, that where a younger child comes into equity, to have the want of a furrender of a copyhold fupplied, hemuft be wholly unpro- vided for, or have but a very flight provifion : but the court has fupplied the want of a lurrender againft the heir at law, where all the children have been well provided for j becaufe the father was the beft judge in what manner to provide for his children. Mo/el/s Rep, ^jo. Equity will fupply the want of a furrender, as in favour of well for an elder fon as a younger, in cafe of ^"^^^"^^"'" ■' ^ gavel Kind. gavelkind copyhold. 2 Fern. 163. But where a man devifed his copyhold, being borough-Englilh, to his eldefl fon, and devifed houfes to his younger fon, which houies v^ere foon afterwards burnt down, and never entered upon by the younger fon ; and as this cafe was circum- ftanced, the court would not fupply the want of a furrender in favour of the eldeft fon. Cooper ami Cooper, 2 f^ern. 265. It has been held that equity v;ill not fupply the In favour of want of a furrender in favour of a erandchild, or a ^""^^j^'l- collateral relation : and the decree of Lord Somers, ihac l6o IVhere the want of a Surrender y that the want of a furrender fhould be lupplled in favour of a grandfon (It depending on the fame law of nature and reafon) was reverfed in the Houfe of Lords. Tree. Chan. 475, But in the cafe of Watts V. Bidlas, i Peere Wms, 61, the mafler of the rolls laid, that It was his opinion, a devife of a copyhold without a furrender, ought to be made good for grandchildren as well as children ; and if the fame cafe were to come now into the Houfe of Lords, it would be fo ruled, and that he had and would decree it fo : and in a recent cafe. Chapman v. Gihfon, Brown* s Rep* the matter of the rolls, in his judgment, faid, he could not fee why a grandchild (hould not have the fame equity j for the (latute of EUzaheth made it compullory for a grandfather to provide for him. In favour of Where a copyhold is devifed to the wife, the court will iupply the want of a furrender, even though flie has a provifion under a fettlcment. Smith v. Baker, i j^tk. 386. 2 Fezey 125, 586. A teftator devifed all his ellate whatfoever and wherefoever, and of what nature and kind foever, unto his wife; he had only copyhold eflate, which he did not furrender. His heirs at law were a ne- phew and niece, who took no provifion under the will, but were othervvife provided for. The mafler of the rolls faid, Whenever a man having power over an eflate, whether by ownerfhip or not, in diicharge of moral or natural obligations, fhews an intention to execute fuch power, the court will operate or a (lefeBive Surrender y &c, i 6 1 operate on the confcience of the heir to make him perfed this intention ; and decreed a furrender in favour of the wife. Chapman v. Gibfon^ 3 Brown Rep. in Chan. But the lame moral obligation not extending to collaterals, the court will notfupply the defed of the furrender to effeduate a devife from a brother to a fifter. i Vef. 228. Goodwyn V. Goodwyn. 2 ^ik, 304, Trodd v. Downs. Nei- ther will a furrender be fupplied in favour of a ne- phew, coufin, or legatee, who is not related in blood. 2 Verfu 621 and 625. 2 Fef. c^^z, Eq. Ca. Ahr. 122. i P. JJ^ms. 354. Equity will not fupply either the want of a fir- In favour of render, or a defedive furrender in favour of natural ^^^^^^ Equity children. Free. Chan, ^ni, will not fup> ply. In the cafe of a natural daughter, the court of Chancery refufed to fupply the want of a furrender ; for though the father might have great afFeclioii for fuch child, and might by the law of nature be obliged to provide for it, yet fuch a one was not to be confidered as a child in law ; nor will fuch affeftion raife an ufe at law for fuch child j for in a civil fociety, where the folemnities of mar- riage are eftablifhed, it would be abfurd in the court to allow privileges to children not born within thofe rules. Eq. Caf. Ahr. 123. G'llb. Eq. Rep. 139. Equity will fupply the want of a furrender, or in cafe of a defedive furrender in the cafe of mortgages. ^'^^ g^S^s, If copyhold lands are in mortgage, the mort- M gagor 1 62 Where the want of a Surrender j gagor may devife the equity of redemption with- out any furrcnder, for he has no eftate in them whereof he can make any furrender. Free. Chan, ^zi. 3 Pee re JfilliamSi 358. A ceftuique truft of a copyhold eftate having an equitable intereft only, may devife it without furrender. 2 Vern. 680. A man, feifed of a copyhold eftate, borrowed 400/. of the plaintiff, and furrendered into the liands of two cuftomary tenants the copyhold in queftion, to be prefented at the next court, defea- fible on paying the 400/. and intereft : the mort- gagor paid the intereft for four years together, but no care was taken to get the furrender prefented, and in the mean time the mortgagor became a bankrupt; and died inteftatc and infolvent. After his death the furrender was tendered, but the ho- mage refufedto prefent it, becaufe by the cuftom of the manor, all furrenders were to be void, if not prefented within twelve months after they were made ; and the lord chancellor (though he at firft doubted) decreed that the furrender ftiould be fup- plied againft the affignees. 2 P^ern, 565. A. lent B. 200/. on a furrender of copyhold lands, which A. negleded to get prefented at the next court, and was therefore void, according to the cuftom of the manor, though B. afterwards fold thcfe lands to /. .S*. who took a furrender, which he prefented and was admitted ; yet he hav- ing notice of ^1^/s right, the lord chancellor decreed againft: ^r a defcBive Surrender, ^c, l^j againft him j and that A's (lefe(5live furrender XhoLild be made good. 2 Vern. 609. In the cafe of a devile to a charitable ufe, the In favour of a courts of equity will fiipply the want of a furren- y^^" ^ ^ der, and go upon the word appoint, in the flatute of charitable ufes. Bac. Ahr, If copyhold lands are devifed to a charity, they fhall pafs without furrender, and (hall bind the heir j but the lord (hall not lofe his fine. Duke's Charity. Bac. Ahr. In cafe of neceflity, equity will fupply the want In fome cafes of a furrender; as where the king or lord of a ma- ° "^^^^'^X* jior grants the fee-fimple of the copyhold eftate to one in fee, there the copyholders cannot con- vey, becaufe the alienee hath no court in which he can take furrenders, ^c. ; but left this (hould turn to the prejudice of the copyholders, Chan- cery will fupply the defed, and make good the alienation. 2 Co, 17. 4 Co, 25. Cro. E. 232, 443. M a CHAP. i i<^4 ] CHAP. XVII. Of the Vrefentmeyit, What It 15. Jg Y ^^^ prefentmenr, the court is informed of whatever hath happened out of court relative to the manor ; and, by the general cuftomof manors, the prefentment muft be made at the next court- baron, immediately after the furrender, — other- When to be wife it is void. But by fpecial cuftom obtaining made. \^ foj-ne places, it will be good, though made at the fecond, or even at the third court. Moore v. Moore, 2 Fezej'y 596. The reafon of this (Lord Chief Baron Gilbert obferves) feems to be to pre- vent difputes ; *' For if an old furrender might be " trumped up at any time, it would defeat any " after-charges made by him that furrendered j " which charges would appear to be good " enough, fmce he is terre tenant, and continues " poffeflion, and the furrenderer cauld not be „, ,, " known." — The whole furrender ought to be Should cor- ° refpond with prcfentcd 5 and the prefentment, fays Sir Ed-ward theiurrender. ^^f.^^,, MuO: be brought into court by the fame '* perfons who took the furrender, and be there " prefented by the homage ; and, in all points ** material, muft corref^X)nd wiih the true tenor '• of Of the Prcfentment. li^ " of the furrender." And therefore, if the furren- der be conditional, and the prefentment be abfo- lute, both the furrender, and prefentment, and ad- mittance, thereupon are wholly void. Co. Cop, 105. — It (hould be obferved, however, that this is not literally true ; for if the perfon die who took the furrender, yet if prefentment be made of the furrender by any body, and admittance thereupon, it feems well enough, for it was known that there was a furrender J and if the prefentment fhould be void, yet the admittance is good enough with- out it. See Vin. Abr. tit. Copyh. 70. But if the conditional furrender be prefented, and the fl-eward in entering of it omitteth the con- dition, yet upon fufficient proof made in court, the furrender fhall not be avoided, but the roll amended. And this fliall be no conckifion to the party to plead or give in evidence the truih of the matter. Co. Coph. 105. " If a man furrenders out of court, and dies *^ before prefentment, and prefentment is made *' after his death, according to the cuftom, this " is fufficient J fo, if he to whofe ufe the prefent- *' ment is made, dieih before prefentment, yet ^* upon prefentment made after his death, accord- ** ing to the cuftom, the heir Qiall be admitted. " And fo, if /. furrender out of court to the ufe " of one for -life, the renderor and the lellee for " life dieth before prefentment, yet upon pre- ^* fentment made, he in the remainder fhall be M ;j <* ad- [t6 If made the _ next court af ter the death of the furren- deror, good. OJ the Prefeniment. admitted ; and fo if /. furrender to two jointly, and one dieth before prefentment, the other Ihall be admitted to the whole. Co. Coph. Ibid, ** The fame law is, if thofc into whofe hands the {urrendcr is made, die before prefentment; for iipoa fufficient proof in court that luch a furrender was made, the lord fhall be compelled to admit accordingly. And if the fteward, the bailiff, or the tenants, into whofe hands the furrender is made, refufe to prefent, upon a pe- tition or bill exhibited in the lord's court, the party grieved fhall find relief; but if the lord will not do him right, he may both fue the lord and them that took the furrender in the Chan- cery, and Ihall there find relief." Co. Coph. Ih'id. In all thefe cafes, however, there muft be an exprefs cuftom for it, otherwife, after a furrender, till prefentment, the eflate remains in the furren- deror ; for nothing pafTcs till prefentment and ad- mittance, the furrender being merely a thing exe- cutory. Cro. E. 349. 1 RoL 502. It has been held that the prefentment of a fur- render to the life of a will, if made at the next court after the death of the furrenderor, though not made at the court next after the furrender is made, is good. Tide Com. Dig. tit. Copyh. As prefentment is neceffary for the lord's infor- mation, in all points that do not come within his own notice and obfervation, the jury, or homage, are bound to make prefentments of every thing that Of the Prefentment. 167 that has paffcd, as well out of court as in court, within the manor, fipce the time of holding the lad court. Every furrender, however, taken out of court, muft be prefented before an admittance can be made thereupon ; and though it has not been anywhere judicially decided, that a prefent- ment of an offence is abfolutely neceffary, before the lord can feize for a forfeiture, or bring an action for the recovery of a fine or penalty, yet as being the fafer mode, it is always ad v liable to have a pre- fentment. M CHAP. [ i68 ] CHAP. XVIIL Of the Admittance. What it is. ADMITTANCE is the completion orperfedioa Of three forts of copyold alTiirances, and is of three foris ; name- ly, admittance on voluntary grants, admittance upon furrender from the former tenant, and ad- mittance upon a defcent from the anceftor. Admittances m Voluntary Grants. Voluntary In a voluntary grant and admittance, the lord admittance. -^ ^^ inftrument ; for though it is in his power to keep the land in his own hands, or to difpofe of it at his plealure, and to that intent he may be reputed as abfolute owner ; yet becaufe in difpof- ing of it, he is bound to obferve the cuftom precifely in every point, and can neither in eftate or tenure, bring in any alteration in this refpefl, the law accounts him. Cnjlovi^ lujlrument. See Co. Coph. 107, y. 41. If a copyhold for life falls into the lord's hands by the tenants death, though the lord may deftroy the tenure and enfranchife the land, yet if he grants Of the Admit t/ince. 169 grants it out again by copy,»he cannot alter the ancient rent, or make the Imalleft' variation in other refpeds. Co. Coph. Admittance on Surrender. In admittance on furrender of another, the lord OnSurrender. is confidered wholly as an inftrument, and to no intent reputed owner ; and the party admitted fhall befubjecl to no other charges or incumbrances of the lord ; for he claims his eftate not under the lord, but under the party that made the furrender. Co. Coph. The lord is bound to admit the furrenderee ; and if he refufes, he (hall be compelled in Chan- cery J for admiflions are now of right, though for- merly perhaps of grace. So held by WiJmot, C. J. in the cafe of Holder on the deinife of Sidyand v. Trefion, E. G. 3. It has been frequently determined, that no ac- tion on the cafe will lie againft the lord if he refufes to admit ; and it has been held, that there is no remedy but in equity. 2 Cro. 368. i Roll. 108. 2 Bid. 337. But it has been fince decided, that the court will grant a mandamus upon the application of the furrenderee ; for though in the cafe of King v. Rennett, 2 Term. Rep. 197, before mentioned, a mandamus' was refufed to a copyholder claiming by defcent, becaufe he had a fufficient title with- out I «To Of the Admittance. out admittance ; yet in the other cafe before men- tioned, of The King againft ihe lord of the inanor of Hendon^ and Richard Trozvard Steward of tke manor^ Term Rep. 484, the court did grant the mandamusy to compel the lord to admit a pur- chafer. Admittance on Defcenf, Wherever a right is transferred upon death, on defcent, there muft be an admittance. 1 Burr. 213. As in admittances upon furrenders, fo in ad- mittances upon defcents, the lord is ufed as a mere inftrument ; and no manner of intereft paffeth out of him ; and therefore, neither in the one nor in the other is any refpefl had unto the quality of his eftate in the manor ; for whether he hath it by right or by wrong, it is not material ; thefe ad- mittances fhall never be called in queftion for the lord's title, becaufe they are judicial afts, which every lord is enjoined to execute. Co Coph. Admittances upon furrender differ from ad- mittances upon defcents in this. That in the ad- mittances upon furrender, nothing is vefted in the grantee before admittance, no more than in voluntary admittances; but in admittances upon defcents, the heir is tenant by copy, immediately upon the death of his anceftor ; not indeed to all intents and pwrpofesj for peradventure he can- not Of the A(!lmittance, i-jt not be fvvorn of the homage before, neither can he maintain a plaint in the nature of an ailize in the lord's court before, becaufe till then he is not complete tenant to the lord, no farther forth than the lord pleafeth to allow him for his tenant. So that though, to all intents and purpofes, the heir un- til admittance is not complete tenant; yet, to moft intents, efpecially as to ftran^ers, the lord taketh notice of him as of a pcrfeft tenant of land in- flantly, upon the death of his anceftor. For he vv^a^ afis may enter into the land before admittance, take "^'^7 ^^ ^°°^ before admit- the profits, punifh any trefpals done upon the tance. ground, furrender into the hands of the lord, to whofe ufe he pleafeth, fatisfying the lord for his fine due upon the defcent ; and by eftoppel he may prejudice himfelf of his inheritance. Co» Coph. 7 I . Cro. Eliz. 90. There fliall be a /'C^^j-i-io/nzi^m before admit- tance J for if a copyholder in fee have iffue, a fon and a daughter by one venter, and a fon by ano- ther venter, and dieth feifed, and his fon by the firfl venter entereth into the land, and dieth before admittance, the daughter Ihall inherit as heir to the brother, and not the fon by the fecond venter, as heir to his father. Co. Coph. 113. A widow having her widow's eftate, may make a leafe before admittance ; for the law vefted the eftate in her ; and no fine is due to the lord. Noy, Where the furrenderee of a copyhold die? be- fore admittance, his heir is in by defcent, and not ^n What A.'^s amount to an Admlt- tauce. Admittance of Tenant for Life: Admit- tance of him in Remain- cier. Of the Admittance. not by purchafe. Bcnjon v. Scott, i Safk. 185. Co, Lift. 59 b. Any thing that exprefles the lord's confent to a fiiriender, amounts to an admittance ; for if hi> confent to take the furrenderee as liis tenant, ap- pears, it does not fcem material whether it be done by a domlnus concc[fit ei adnuffus efij oir by other acts which amount to as much. See .B.ac. Abr. Acceptance of rent from the furrenderee, when the lord had notice of the furrender, has been held to be a good admittance. Godb. 268. S. C. •Acceptance of a fine, of one as of a copyholder, amounts to an admittance. 3 Bulji. 239. The admittance of tenant for life or years, fball be an admittance of ail in remainder, for that they are but one eflate. The eftate is bound by the furrcnder, and (liall go to them in remainder. Mod, Rep, A father copyholder in fee, makes a furrender to the ufe of himfelf for life ; and after^ to the u^t of his fonf or life ; and after, to the ufe of his laft will. The father is admitted and dies, and afterwards the lord pretending caufe of forfei- ture, grants it to a ftranger : in this cafe, two points were adjudged ; firll, That the admittance of a tenant for life was admittance of him in the remainder, but not to prejudice the lord of his fine : Second, It was adjudged that the fee fimple of the topyhold being limited to the ufe of his will, remained in the copyholder, and not in th,? lord- Co. Rtp. Ill Of the Admit taiige, 1/3 In all manors, admittance is compulforyj for, Admittance • • r \ y r c Compulfory, as the admittance of the heir is for the benefit of the lord, to entitle him to his fine, rather than for ihe firengthening and completing the heir's title, if the heir might refiife to be admitted, the lord would be defravided of his fine.-—" But the cuftom " (fays Sir Eikvurd Coh) is in every manor, in *' this point, compulfory : for, either upon pain *' of forfeiture of their copyhold, or of incurring " fome great penalty, the heirs and copyholders *' are enforced in every manor to come into court, ** and be admitted according to the cuilom, with- ** in a rhort time after notice given of their an- '* ceftor's deceafe." Co. Coph. /^i. It mufi; how- ever be obferved, that although admittance is faid to be in all manors compulfory, the lord can have no right to compel any perfon to be admitted, but fuch only as by the ad of God, or by the ad of the parties, are fubftituted at law into the tenure j and therefore, where there is a mere naked power, and no veiled intereft, no admittance is neceffar)'. As if there be a furrender to fuch ufes as A. g^^^g ^^^^^ fliall appoint, it is by no means neceHliry that A. in which ad- fhould be admitted. Or if a teftator by his will notr.eceil'arv, direds that his executors fliould fell his eftate, but does not devife his eftate to them, it is not ne- ceffary that they fliould be admitted, becaufe the purchafers take immediately under the will. See the cafe of Holder on the demfh of Suljard & Pre/"- ioriy in 2 IViIfonj 400. But it mud be obferved, That 174 Of the Admittance. That wherever truftees or executors take an in- tereft, and not a bare authority only, admittance is in that cafe abfolutely neceflary. In the cafe of mortgages, after a conditional furrender is for- feited, the lord may by fpecial cuftom . compel the mortgage to be admitted. But afrer . mort- gage has been admitted under a mortgage iuuff-n- A. a mefluage or ch^j^.^f^afrec^ tenement, with the appurtenances, containing by efti- hold eftate for II 1 T^ II- 1 1 • not doing mation two acres called 1 . and lying and being at , feajty, within the faid manor, which he held of the faid manor in free Ibccage by fealty, yearly rent and fuit of court; and which faid R. A. came not to do his fealty and pay his relief to the lord. When a tenant is admitted, the ftevvard Ivjlds in his hand a rod or wand, glove, or other fym- bol, and then fays, *' I, as iteward of this manor, ** admit you tenant (either as heir on a dcfcenr, " or tenant on a purchafe, ^c. as the cafe may " be) to hold to you, your heirs and afligns for ** ever (if in fee or otherwife, as the grant may ** be) 19a APPENDIX. ^* be) at the will of the lord, according to the *' cuftom ot the manor, by the rents, duties, *' and fervices therefore due, and of right ac- *' cuftomed. And in token thereof, I deliver " you feifin and poffeffion by the rod." And then he delivers the tenant the rod, or other fymbol. The oath of fealty fhould then be ad- miniftered by the fleward, if the tenant hath not before taken it : and the fteward fhould theft inform the homage of the admiffion of the te nant, and of the nature of his intereft in the eftate. Death of a co- At this court the homage prefent, that /. C. late one i?iued,?nd'^firft of the cuftomary tenants of this manor, who held to proclamation j^jj^ ^nd his heirs of the lord, by the rod, at the will of recorded for the . , ,. , . r 1 /- • j ion to appear the lord, according to the cuftom of the laid manor, one and be admit- ^leffuage and four acres of land, with the appurte- nances heriotable, died feifed thereof fince the laft court, and before this court, whereupon there became due to the lord a heriot : and they alfo prefent, that J. B. an infant of the age of four years, is his fon and next heir, who, though this firft time folemnly called to appear in court to be admitted tenant to the faid tenements with the appurtenances, did not appear ; therefore his iirft de- fault is recorded, i^c. The fame for At this court the homage prefent, that /. K. late one appeaTand bc° of the cuflomary tenants of this manor, who held of the admitted. joi-j to i^i„-j and his heirs at the will of the lord, accord- ing to the cuftom of the faid manor, one cuftomary mef- fuage and fix acres of land, with the appurtenances, died feifed thereof fiucc the laft court, and before this court ; and Appendix. 193 and that E, K, and /. K, are his nextheirs; which heirs although this is the firft tune folemnly cailed by procla- mation to come here into court, and be admitted te- nants to the faid premilFes with the appurtenances, ac- cording to the tullom of this manor, came not, but made default; therefore the firft proclamation and their ilefault i.; recorded, l^c. At this court the homage alfo prefcnt, that /. K, late The fame for one of the cuftomary tenants of the faid manor, died admitted where fince the laft court, and before this court ; upon which ^^ >^ riot known . who the heir IS. at this court the firft proclamation was made three times, that if any one claims or challenges any eftate, right, title or intereft, of, in, or to any copyhold or cuftomary laads or tenements held of the faid manor of which the faid /. K, died feifed, he (hall come and be admitted MUdcr the penalty of forfeiture to the lord of the faid manor; and none then came^ fffc At this court it is found by the homage, that A. B. The fame after widow, cuftomary tenant of this manor, died fince the ^^°^^='''^^*' laft court, and before this cturt, feifed of the moiety of two melTuages and tenements, and eighteen acres of land with the appurtenances ; but who is the next heir is unknown; therefore at this court the firft proclama- tion is made, that the heir of the faid J. B. come here into court to take the faid premifles which are defcended to him by the death of the faid J. B, ; but nobody camCj therefore, i^c. At this court the homage prefenb, that G, k. late one t)eith of a te- of the copvhold or cuftomary tenants of this manor, "^.'V' ^'''Ifu^ * - •' ' million or the who held of the lord of this manor, to him and his next heir, heirs, at the will of the lord, according to the cuftom of this manor, one cuft.omary melTuage or tenement, with one croft of land, cuftomary and heriotable, called y. • corittaining three acres ; as alfo one acre of land lying at O C. againft APPENDIX. t*. againH: a clofe called L. died feifed thereof fince the laft court, and before this court; and that G, R. is his fon and next heir ; who being preftnt in court, humbly pra)'ed of the lord to be admitted tenant of the faid te-- neraents, with the appurtenances, to whom the lord, by the ftevvard aforefaid, granted feilin thereof by the rod, to have and to hold the faid tenements with the appujr- tenances, to him and his heirs for ever by the rod, at the will of the lord, according to the cuftom of the faid fiianor, by the rents, duties, and fervices therefore due, and of right accuftomed. For the grant whereof he gave to the lord for a fine, as by tUe court-rofls, and is therefore admitted tenant, and did fealty to the lord for the fame. When a new tenant is admitted, the fteward ought to tender the cath of fealty after the following manner, if the perlon be of .igc; but \^ »fc)nc, or infant, is ad- mitted, the fealty is ufu^lly rcfpit*d, or pardoned. The Oalh of Fealty. You fhall fwear lo become a true tenant to the honourable TV.. A. Efq. lord of this manor, for the cftate to which you are now admitted te- nant' you fhall from time to time bear, pay, perform, and dlfcharge all fuch rents, duties, fervices, and cuftoms therefore due, and of right accul^omed ; you fhall from time to time be or- dered and juftified in all things at the lord's courts, to be holden in and for the manor of B. as other the tenants of the faid manor for their rcfp»£live eftates are, fhall, or ought to be ; and ycu fhall in all things demean yourfelf as a faithful tenant ought to do. So help you God. At APPENDIX. 195 At a court holden for this manor, on the day of AdmiflTjon of the heir, arrer , the death of A, B. was prefented, and that C, D. the id and 3d his only fon and heir at law, ought to have come in pro'^'amauon . and been admitted to all and finguiar the copyhold or cuftomary meffuages, lands, tenements, and heredita- ments of him the faid j4. B, held of this manor; but the faid C. D. although three times folemnly called, came not; therefore the firft proclamation and his de- fault were recorded. And afterwards a fecond general <:ourt held for this manor, on the • day* of — — , a fecond proclamation was made for the faid C. D. to come in and be admitted to the premiffes; but though again three times folemnly called, came not; therefore the fecond proclamation and his default was recorded. Now at this court, upon the third proclamation being made in form aforefaid, the faid C, D, in his proper pevfon came here into court, and humbly prayed of the lord to be admitted tenant to all and finguiar the faid premiiTes ; that is to fay, to one mefluage, barn, ftable, and garden ; and alfo to feven acres of arable land ; and alfo to thirteen acres of meadow or pafture-land, Htuate, lying and being at O. within this manor; to whom the lord by his fteward granted felfin of the pre- miiTes by the rod ; to have and to hold all and finguiar the faid premifles, with the appurtenances, unto the faid C. D. his heirs and affigns for ever, at the will of the lord, according to the cuftom of the faid manor, by the rents, duties, and fervices therefore due, and of right accuilomed for the grant ; whereof the faid C, D. gave to the lord for a fine as by the rolls, and was admitted tenant, and did fealty for the fame accordingly. At this court, after the firft proclamation made at the After the flrfl laft court, came 7". F. one of the heirs of 71 F. to wit, |i^°^,fj!j^j.^3p"' the eldcft fon and heir of 71 F, and A. his wife, one of pears, and h ^ , admitted, O 2 the 196 APPENDIX. the daughters and co-heircfles o( J, T, late one of the copyhold or cuftomary tenants of this manor, who held to him and his heirs one mefluage and four acres of cuftomary land, lying neat C. which fald meffuage, in the life- time of the faid J. T. was allotted by the faid y. T. to the faid T. F. for his part of the faid tene- ments, and prayed of the lord to be admitted tenant thereto; to whom the lord, by the fteward, granted feifin of all and fmgular the faid premiffes by the rod;, to have and to hold to the faid T. F. his heirs and af- figns for ever, at the will of the lord, according to the cuftom of the faid manor, by the rents, duties, and fer- vices therefore due, and of right accuftomed; and he gave to the lord for a fine, as appears by the court-rolls, and Viras thereupon admitted tenant ; but his fealty was refpited nntil hereafter. Death of a te- At this court it is prefented by the faid homage, that Son"of tlie ^. ^- l^te one of the copyhold or cuftomary tenants of next heir, an ^y,jg manor, who held to him and his heirs of the lord of the faid manor, by copy of the rolls of the court, according to the cuftom of the faid manor, one cottage or tenement, i£fc. with the appurtenances, by the yearly lent of two /hillings and fixpence, fealty, fuitof court, and other fervices ; therefore due, and of right accuf- tomed, died fo feifed ; and that J. B. the younger is his fon and heir, and now an infant of the age of feven years; which faid A B\ the fon, with K, F, his next friend, being prefent here in court, prayed of the lord To be admitted tenant to the faid premiffes, with the ap- purtenances, to which the faid A, B. the fon, the lord by his faid fteward granted feifin thereof by the rod, to have and to liold all and fingular the faid premiffes, with the appurtenances, to the faid J. B. the fon, his heirs and affigns for ever, by the rod, at the will of the ioid, according to the cuftom of the faid manor, by the yearly APPENDIX. 197 yearly rent of two fhillings and fixpence, fealty, fuit of court, and all other duties and fervices therefore due and of right accuflomed : and the faid A, B. the fon, gave to the lord a fine for fuch his eftate and entry, as by the rolls, and was admitted tenant; but his fealty was refpited till hereafter. Afterwards, at this court, the lord of the manor, by his fteward, committed the cuftody of the body, and the GuarJian ap. wardfhip of the lands of the faid A. B. who is under minority ot" he age, to wit, of the age of feven years, or thereabouts, infant. to the faid H. F, his next friend as aforefaid, until the faid yf. B. fhall come to the age of twenty-one years, and thereupon to render to the faid A. B, a jull and true accoiJnt, isfc. At this court the homage prefent, that A. L. one of the copyhold or cuftomary tenants of the faid manor, Atlmiffion of died fince the laft court, to wit, on the 3d day o( Fe- h-J^^a^jS, hruary laft; and by his laft will and teftament in writ^ ing, to the ufe of which he had furrendered all his co- pyhold and cuftomary eftate held of this manor, and thereby gave and bequeathed all thofe two cottages, with the appurtenances, fituate at P. within the faid manor, to the ufe and. behoof of A. B. fon of W. B. late of, l^c» deceafed, an infant of the age of ten years, his heirs and affigns for ever; which faid A. B. by C, F), his guardian, came here into court, and prayed to be admitted tenant of the faid premilfcs, with the appurtenances, to whom the lord, by his faid fteward, granted feifin thereof by the rod, to have and to hold the faid premiftes, with the appurtenances, to the faid A, B, his heirs and afllgns for ever, of the lord, by the rod, at the will of the lord, according to the cuftom of the faid manor, by the yearly rents, duties, and other fervices therefore due and of right accuftomed ; and the faid A, B., gave by the faid C, D, his guardian aforefaid, to the lord O 3 {oi^ 1^8 APPENDIX. for a fine, for fuch his entry, as by the court-rolls, and was by his faid guardian admitted tenant; but his fealty was refpited until, iflc Death of ate- And whereas at this court it was found and pre- iiant, and ad- fgnted by the hoiTia2;e, that J. P. late a copyhold or miffion of the -^ , • i i , i i • i next heii of full cuftomary tenant ot this manor, who held to hini and ^^' his heirs a certain cottage, and half an acre of cuftom- ary land, lying and being upon S. died a long time be- fore this court; and that PF, P. is his fon and next heir. Now at this court came the faid PF". P. being of full age, there in his proper perfon, and humbly prayed" of the lord to be admitted tertant thereto, to hold to the faid PF, P. and his heirs and affigns for ever ; to which laid PV, P. the lord, by his fteward, granted and deli- vered feifin thereof by the rod, to have and to hold the faid cottage, and half an acre of land, with the appnr- tenances, to the faid IF. P. his heirs and affigns for ever, at the will of the lord, according to the cuftom of the faid manor, by th« rents, duties, and fervices therefore due and of right accuftdmed ; and the faid PV. p.. paid to the lord for a fine, as appears by the court-rolli, and did his fealty, and was admitted tenant thereof, l^c. Seizure after At h court-baron holden for this manor, on the damanor/'^' ^'^V ^^ ' '^^ ^^^ prefented by the homage, that J, B. corded, the heir a copyholder Or cuftomary tenant of this manor, was "o take the dead, and died feifed of a copyhold or cuftomary mef- ^^^^- f'"ge? ^^- twenty acres of land; and that R. B. was his fon and heir, and of full age, to wit, of the age of twenty-one years and upwards; but becaufe he came not to be admitted tenant to the faid mefluasre or tene- ment and land, with the appurtenances thereunto be- longing, therefore the firft proclamation was made, that he fhould come into court for that purpofe, othervvife they APPENDIX. they would be feiz/cc] in the hands of the lord for want of a tenant : and alio at a court held for the faid manor, on the day of , the fecond proclamation was made to the fame purpofe, l^c; and alfo at another court lield for the faid manor, on the day of , the third proclamation was made, that the faid iv. B. fhould come into court for the purpofe aforefaid, or othcrvvife, the faid premises would be fcized into the hands of the lord for want of a tenant ; and becaufe neither the faid Jl» B. nor any one in his behalf, nor any other perfon having right to the faid premiffes, came at the laid laft court, — therefore G. J. bailiff of this manor, and the officer of this court, was commanded to enter into the faid melTuage or tenement and land, with the appurte- nances, -and to feize the fame into the hands of the lord, for want of a tenant. Now, at this court, the faid G. y. canrvidow's cftate. pyhold tenant of this manor, died Imce the laft court, feifed of certain copyhold premiffes within this manor, that is to fay, to a meffuage or tenement and one yard land, fituate at O. within this manor, leaving C, B, his widow ; at this court came the faid C, B. widow, and prayed of the lord to be .admitted to hold the faid premilTcs to her for the term of her widow's eftate therein, according to the cuftom of the faid manor; and the lord, by his fteward, granted her felfin of the faid premiffes by the rod, to have and to hold the faid pre- miffes, with the appurtenances, unto the faid C. B. for the term of her widow's eftate therein, at the will of the lord, according to the cuftom of the faid manor; and ilie was fo admitted accordingly. At A P P E N D I :J?^. 201 At the time of making a furrender, the per- fon fo making it holds in his hand (as the ftew- ard in admitting) a rod, v/and, glove, or other fymbol J and upon laying, *' I furrender and *' yield up my copyhold meffuage or tenement, *' &c, into the hands of the lord, by the hands ** and acceptance of you his fteward, to the '* ufe, ^c. (as the cafe may be) ; and in token ** thereof I deliver you this rod," ^c. he de- livers the wand, glove, or other fymbol, into the hands of the ileward. The fame fort of ceremony muft be obferved when the furrender is made into the hands of two copyhold tenants. At this court the homage prefented, that C. B. wi- Surrender and dovv of j/i. B. deceafed, late % copyhold or cuftomnry dow of her freel tenant of this manor, was admitted at a court held for i^ench. this manor, on the ■ day of — — , to certain copy- hold premifles, fituate within this manor, of which ji, B, her late hufband, died feifed (that is to fay) to a meffuage or tenement, and one yard land, with the ap- purtenances, fituate at O. within this manor, to hold the faid prcmiffes to her for the term of her widow's eftate therein, according to the cuftom of the faid ma- nor. Now, at this court came the faid C. B. widow, and ia open court furrendered into the hands of the lord of the faid manor, by the rod, by the hands and acceptance of his faid fteward, all that her faid widow's eftate, and all her right, title, and demand whaifoever thereunto belonging, according to the cuftom oi the faid manor, of and \j\ all and fingular the faid copy- ho.l4 aoz APPENDIX. jbolt! lanJs and premliTes held of the faid manor, by ihs- fald yf. B. her late hufband, deceafed, to the ufe a^d behoof of iV. 5, his heirs aad afEgris for ever ; he being in full and peaccvible polTeilion thereof; and thereof ire- irifed, releaftd, and for ever (quif, claimed, asjd dil- eharged the faid AT. B, his heirs and ailigns for ever ;. fothat the faid C\ E. f/om henceforth Ihall BOt claim^ challengCyCr demand any dower, fvce-bcnchy or widow's eftate, of, in, or to the faid premifTeSy oy any part o? par- cel thcreof_, according to the cofiom of the faid manor; but therefron>5 and of, and froiTJ all a£Jionsaad demands and ixich dower, free-bench or «vtdow*5 et?ate, concern- ing the prcraifles, fbal! be forever prcckdei and ha^reS by this prefent iorohrrenS. ilfTjTi^rDnfc Kv Whereas at a court-baron holder? for this manor, on a devtfec micTrr , - i- 7 ■ > • .^ f srwilf andtl:£ *"^ — —i — '^'^^Y' '^' — , Wiiichvv,^^ 5n tne je-nt OS viBand f»r- ^yj. j^^^^ Ckrijl , T, C. and fi. C gentJeraen, were renikr rccitcif. ,.. .-•,/--, v -urt admitted tenants of the ktui s7>a.noy, at the v!\\l or the lord, for the fern>of their refj>e8fV€ lives, wkb remain- i\cr after their rf,fpe£tive deceafesr, to D. C. i^nd tlie- l)ei}S of his {x> \y begotten ; and for defaact of fuch jffuc, then to A. S. fifter of the faid JD. C. and her heirs for ever, and according to the forir* znd effefi of the laft ■will and teftament of G. /F*. gentkinan, deceafed (lo the ufe of which a fwrrender had been made) to on& rocffcage or tenement, and two crofts of land, contain- ing by cftimation five acres, called H, iituate at H. O. v.'ithin this manor ; one croft of land called Af. contain- ing by eftimation two acres and one rood of land, lying tit P, within this manor, with the appurtenances, as by the court-rolls of the faid court \vi5! appear, An^^ ^vhereas the faid T. C. and B, C. are both departed thi=; life, and the faid D. C, before this courr, :^Uo died v.iihout i3ue of his body lawfully begotten ; now, at APPENDIX. soj this court, after the fccond proclamation made, came the faid A. S. the wife of P. S. gentlenian, and hunibly prayec' to be admitted to the laid premifles, with the ap- purtenances, according to the form and effe£l of the laid laft will and teilameiK ot the faid G. U/^. to which faid J. S. the lord of the iaid manor, by his faid fleward. granted feijin the eof by the rod. To have and to hold the faid preaiiiTeswith the appurtenances, to the faid j^, 5. her heirs and afiigns for ever, according to the form and effed of the faid laft will and teftament of the faid G, TV. by the rents, duties, fervices, and cuftoms there- fore due, and of right accuflomcd ; and flie was there- upon admitted tenant, and gave to the lord for a fine, as apears by the court- rolls; and the faid ji. S, was ad- mitted tenant accordingly, but her fealty was pardoned. At this court it is nrefented by the homage, that AdmilTion oa lurrendcr A. B, one of the copyhold or cufiomary tenants of this taken out of manor, fmce the laft court, to wit, on the hrft day ^^^l^""""^ ^'^ of yuncy in the year of our I>ord one ihouland (even hundred and eighty-feven, according to the cuftom ^/^ of the faid manor, furrendered into the hands of the lord of the faid manor, by the rod, by the hands and acceptance of C. D. and E. F. two other cuftom.ary tenants of the faid manor, two acres of arable Jand, lying at iV. field, a!hutting on the lower furlong of W.. R, on the eaft part, and the land of T, T. on -the wefl part, with the appurtenances, to the ufe and be- hoof of G. F. of, i^c. yeoman, his heiirs and alligns for ever. And now at this court came the faid C H. and prayed of the lord to be admitted tenant of theprcmiffes aforefaid, with the appurtenances, to whom the lord, by his faid fleward, gr^nlQA feijin of the faid premiifes by the rod, to have and to hold all and fmgular the faid pre- xnilTeSjwith the appurtenances, to the faid C.H. his heirs and ao4 APPENDIX. and afligns for ever, by the rod, at the will of the lord, according to the cuftom of the faid manor, by the year- ly rents, duties, and other fervices therefore due, and of right accuftomed ; and he gave to the lord for a fine for fuch his entry, as appears by the court-rolls, and was admitted tenant thereof, and did fealty for the fame accordingly. Surrender in At this court came J, S. one of the copyhold peribn to^ ^'^^ or cuftomary tenants of this manor, and in open ■*vhom furren- court furrendered into the hands of the lord, by the dered is admit- ,, i,i , rir-j/i j ted and after, ^od, by the hands and acceptance or the laid Itevvard, wards furren- ^11 that copyhold or cuftomary melTuage or tenement, ders to the life .,,,. ,•/- j j himfelf for life, ^'ith the out-houies, edifices, yards, gardens, and wh remainder ^^^ ^^^^ ^f j^j^j ^^^ j^^^^ j^^ j}^g tenure or occupation to his wife ror life, with re- of widow ^F. or her afligns, to the ufe and bc- teger'i^ fee. ^°°^ ^^ J^' ^^- ^"^ ^'''''' ^"^ ^^'^^^ for ever. And upon this the faid J. V, came here into the fame court, and humbly prayed of the lord to be admitted tenant of the faid premifTcs, with the appurtenances, according to the form and effcft of the faid furrender, to whom the lord, by the Reward aforefaid, granted/^//ftt thereof by the Tcd, to have and to hold the faid cuftomary mefTuagc, or tenement, and premifles to him the faid J> F, his heirs and affigns for ever, by ths rod, at the will of the lord, according to the cuftom of the faid manor, by and under the rents, duties, and fervices therefore due, and of right accuftomed ; for the grant whereof he gave to the lord for a fine, as by the court-rolls, and was admitted tqnant thereof, and did his fealty for the fame accordingly. And the faid J, V. being {o ad- n^itted as aforefaid, immediately after his faid admifTion in that behalf made here in court, furrendered into the hands of the lord of the faid manor, by the rod, by the hands APPENDIX. 205 liandsancl acceptance of thefaid fteward, all that copy- hold, or cullomary meffuage or tenement aforefald, and the aforeiald one acre of land ] and all and fingular other the premifl'es, with the appurtenances, t9 the ufe and behoof of him the faid J. F. for and during the term of his natural life ; and from and after his deceafe, then to the ule and behoof of JUT. F, his wife, for and dur- ing the term df her natural life ; and from and after her deceafe, then to the ufe and behoof of Af. F. his heirs artd alTigns for ever ; to the end and intent that the lord of the faid manor might regrant the faid copy- hold or cullomary meffuage or tenements, with the ap- purtenances, to the.faid J. F, a.ndAf. his wife, and the laid Af. F. according to the form and effeft of the aforefaid furrender, upon which the lord of the faid manor, by his fteward, granted to the faid y. V. feijlri of the faid copyhold or cuftbmary meffuage or tene- ment, with the appurtenances, by the rod, to have and to hold the faid cuftomary meffuage or tene- ment, with the appurtenances, to the faid J. F, and his alTigns, for and during the term of his natural life, with remainder thereof, after his deceafe, to the faid Af, V. and her affigns, for and during the term of her natural life, with remainder thereof, after her deceafe, to the laid M, F, his heirs and affigns for ever, at the will of the lord, acco.-ding to the cuftom of the faid manor, by and under the rents, duties, and fervices therefore due, and of right accuftomed; and the faid J, F. gave to the lord for a fine for his admiffion, and for the admif- lions of thofe in remainder, when they fhall hereafter come to be admitted, according to their refpeftive ef- tates and interefts in the premiffes, as appears by the court-rolls of the faid court ; and the faid j. F. was ad- mitted tenant accordingly, and did fealty, t£^c, for the fame ; 2o6 • APPENDIX. fame ; hut the .idmifnon and fealty of the fald M. F. attd F. AI. Is refpitcd uiui!, l^c. In this cafe the fine (it fhould be obfervedj is aflefied for rhe whole eftatc, that is to fay, for the remainders as well as for the particular eftate. It is ufual, however, to affels the fame, on ad- mifiion of each tenant becoming interefted, when there is no particular connexion between .the tenant for life and thofe in remainder. A rurrench:r \n At this court T. S. the younger, a copyhold or cuf- amarria"-e and ^^^^"''^'7 tenant ot this manor, in conlidcration or a mar- the marriage- riage to he had hetween liiin the {'aid 1\ S. the younger, portion bv one i c tt c ^ -n c c ■ i ^ c r- r • ro liimfclt and ^^^ "^ ' ^^ °^ ^^6 panlh ot J. in the county ot ii. Ipin- hh intended fter ; and ulfo in confideratloa of the fum of 750I. to the •(vith remainder fiid T» S, paid in mairiage with the faid ^S. H. as and ro the heirs of fo,- the poTiion of the faid S. H. furrendered into the -lie body or the ^ tnid T. S. oa Tfends of the lOHcl of the faid manor hy the rod, hy the the body of his J , J acceptance of ^/. 6\ fleward there, accord- nite begotten, ' with power for ing to the cuftom of the faid manor, aU that mefTuage, the furvivor to , . n^ n 1 ai f-. . ,. r\ ,,.:.i,:.^ appoint ; and tcncmenr, ant: prcmilics, called (J. iituate at U. within tn default of ^his manor, with tlie apnurtenances, to the intent that appointment to , , , . , ^ . , ' . , » r • 1 !h-e riiiht heirs ^^'^^ 'ojd of ihe (aid manor might legrant the laid pre- orT, 5: milfes, to ihc ufeand behoof of the faid T, S. until the faid intended marriage fliould be had and foleinnized ; and from am! after the folemnization thereof, totheufe and bt.ho(jf of the faid T. S. and S. H. his intended wife, for llic term of their joint livc:^, and for the life of the longer liver of them ; and after the dcccafe of the faid T. S. and .S'. H. and the furvivor of them, to the ufe and behoof of the heirs of the body of thefaid T. S. on the body of the faid S. If. by the faid 7\ S, lawful!) to l:tc begotten ; and for default of futh ifiuc, to the APPENDIX, 207 iKc irfe arul behoof of fuch perfon or perfons in fuctt p«rts, (hares, and proportions, as the furvivor of them the-fjiid T. 5. and S. H. lliould by any deed or wriiing under his or her hand and feal, executed and attefted ia the prefenceof two or mor« credible witneffes, or by his or her laft wiil and teftamcnt in writing, or any writini; purporting to be his or her laft v.ill and teftament, to be executed and attcfled In the prefence of the like num- ber of witneiTes, the faid jMreniilTes having been firft fur- rendered by the furvivor of them the faid 7". 5. and 5", H. to the ufe of fuch laft will and teftament, fhould furrender, dirc-cl, §i^^» limit, or appoint the fame ; and in default of fuch furrender, direfticn, gift, limita- tion, or appointment, to the right heirs of the faid T. S. .for ever. And thereupon the faid 7". S, and S-. H. being prefcnt A'^nii^cn in court, in their proper perfons, prayed that they ^^•'-'''•'"f"^- might be admitted tenants to the faid premiffes, accord- ing to the form and effeft of the faid fui rende;: to which the faid T, ^S. and S. H. the lord of the faid manor, by his f:iid Reward, delivered Jeijin of the faid premiiTes by the rod, to have and to held to them, the faid 7", S, snd S. H. the faid melTuage, tenement, and premiflls, to the ufe and behoof of the faid T. S. until the faid in- tended marriage fliall be had and foiemnizsd ; and after the folenmiz.ation i^-.ereof, to the ufe and behoof of the faid T. S. and S, H. for the term of their joir:?: lives, and the life of the longer liver of them, with fuch limitations and remainders over, as in the faiil furrender exprelTed, and according to the form and effc£l there- of : and the faid T. S. and S. H. v.ere admitted te- nants accordingly. At this court came R. A. a copyhold or cullomary Mongsgeor tenant of this manor, and furrendered inro the hands of <:"n'iitu..iaifur- rcnner rr.ktn 1.1 the o.u,rt «b8 A 1^ P E N D I X, the lord of the fald manor, by the rod^ by the hands and acceptance of R. B, Efq. fteward there, according to the cuftom of the faid manor, ail that cuftomary mef- fuage or tenement, with the out-houfes, edifices, build- ings, yards, barns, gardens, and one acne of cuftomary land (more or lefs) with all and fingular the appurte- nances thereunto belonging, as they are fituate, lying, and being near E. in the manor aforefaid, now in the tenure or occupation of R^ J. or his afligns, to the ufe and behoof of J, S. of, ^c. his heirs and afligns foif ever, at the will of the lord, according to the cuftom of the faid manor, provided always, and upon this condition, That if the faid R. A. his heirs, executors, adminiftrators, or afligns, fhould well and truly pay, or caufe to be paid, to the faid y. S. his exfecutorSj admi- niftrators, or afligns, the full fum of forty pounds of good and lawful money of Great Britain, with lawful in- tereft for the fame, at or upon the fourteenth day of Otlobcff which will be in the year of our lord, ^c, at the dwelling-houfe of the faid J. 5. fituate in, tsfc, without any dedudion or abatement whatfoever, for or in relpeft of any taxes, rates, charges, afleflTments, or impolitions whatfoever, then the faid furrender to be void, or elfe to be and remain in full force and virtue. A^mifflon of a At this court, it being found by the homage, that at breach^ora ^^^ court held for the lord of tJiis manor, on the — day conditional fur- of — ^t^c. R. A^ a cuftomary or copyhold tenant of this maBar, furrcndercd into the hands of the lord by the rod, by the hands and acceptance of /?. B. Efq. fteward of the faid manor, all that cuftomary meiruage or tene- ment, with the out houfes, edifice^;, buildings, yards, barns, gardens, and one acre of cuftomary land (more or lefs) with all and fipgular the appurtenances thereunto beJonging, fituate, lying, and being near E. in the ma- nor APPENDIX. 2C; nor aforefaid, then in the tenure, or occupation of R^ jft or his affigns, to the ufe and behoof of J. S. his heirs and afligns for ever, at the will of the lord, according to the cuftom of the laid manor, ujion cQndition^ never- thelefs, to pay the fum of forty pounds of lawful money of Great Britain, with lawful intereft for the fame, to the faid J. S. his executors, adminiftrators, or affigns, at or upon the fourteenth day of O^ober, which would be in the year of our lord, l^c. and that then the faid fur- render fhould be void, but otherwife to remain in full force and virtue : and it was alfo found by the faid homage, that the faid fum of money, with the intereft thereof, was not paid or fatisfied, according to the form and efFeft of the faid condition in the faid furrender, and is yet unpaid, as by the confeflion and acknowledg- ment of the faid R» A» now made in full court appear ' eth ; whereby the eftate of the faid J. S. of and in the premifles, by virtue of the faid furrender, became abfo- lute at law, and fubjeft only to redemption in equity. Now therefore at this court came the faid y. S. in his proper perfon, and prayed of the lord to be admitted on breach of the faid conditioi?, tenant to the faid pre- miffes accordingly. To which the faid jf, S. here per- fonally prefent in full court, the lord of the manor afore- faid, by his faid fteward, did grant feifin of all and lin- gular the faid premiifes, by the rod, to have and to hold all that the faid cuftomary mefluage or tenement, with the out-houfes, edifices, buildings, yards, gardens, and " one acre of cuftomary land (more or lefs) with all and fingular the appurtenances thereunto belonging, as they arc fituate, lying and being near £"» in the manor afore- fiiid, in the tenure or occupation of R. S. or his aflign?, unto the faid y. S, his heirs and affigns for ever, at the will of the lord, according to the cuftom of the faid manor, by the rents, duties, and fervices therefore due P and 210 APPENDIX. and of right accufto.ned ; and he gave to the lord for a fine for fuch his eftatc and. entry in the premilTes as ap- pears by the court-rolls of the faid manor, and did his fealty for the fame accordingly : and fo faving every- one his right, the faid J» S, was admitted tenant there- of in form aforefaid. Releafe of the And the faid R.J. afterwards, in his own proper per- equity of re- fon, Came intoccurt, and in confiderationof thefaid fum demption rrom ' ' the morrgagor. of , fo advanced and lent to him by the faid /. 5. and alfo in confideration of the further fum of — — — to him this day paid in open court by the faid J. S. re- nii fed, re leafed, and for ever quit-claimed unto the faid y. S. his heirs, executors, adminiftratois, and affigns, all and all manner of right, equity, and benefit of re- demption, claim, and demand whatfocver, of him the faid R. A. his heirs, executors, and adminiftrators, and every of them, of, into, or out of thefaid premilTes, or any part or parcel thereof, from henceforth for ever. Mortgage or ^t this court the homage prefent, thafi?. A. one of conditional fur- , , , n r \- r ^ i-enckr taken the copyhold or cuftomary tenants ot this manor, Imce outofcor.rtpre- ^\^^ \.^r^ ^^d before this court, to wit, on the thirteenth knicd in court. . , ^ i i ■ . i j day oi April y n\ the year, isc. furrendered nito tae hands of the lord of the faid manor, by the hands of JV. J, deputy fleward of the lord, for this fpecial purpofe ap- pointed, In the prefence of J. V. and J. C. two copy* hold or cuftomary tenants of this manor, teflifying the fame according to the cuilom of the faid manor, all that copyhold or cuftomary mefluage or tenement, with the out-houfes, edifices, bui Idi ngs,yards, barns, gar- dens, and one acre of cuftomary land (more or lefs) with all and lingular the appurtenances thereunto belong- ing, as they are fituate, lying and being near E. in the manor aforefaid, now in the tenure or occupation of a. J, or his afTigns, to the ufe and behoof of J. S. of, APPENDIX. 211 bfc. his heirs and afligns for ever, at the will of the lord, according to the cullom of the faid manor ; pro- vided always, and upon this condition, that if the faid R. A. his heirs, executors, admlniftrators, or aifigns, fhould pay or caufe to be paid to the faid J. S. his ex- ecutors, adminiftiators or afligns, the full fum of forty pounds, of good and lawful money of Great Britain, with lawful intereft for the fame, on or upon the four- teenth day of Onober next enfuing, the faid furrender at the dwelling-houfe of the faid j. S. lituate in, tsfc, without fraud or farther delay, that then the faid fur- render fliould be void and of no efFeft, otherwife to re- main in full force and virtue. At this court the homage prefent, that 5". B. and C, a mortgage or his wife, two copyhold or cuftomary tenants of this ^on^'t'onalfur- * ■' ■' render by a manor, fince the laft, and before this court, to wit, on man and his the day, isfc. laftlpaft, came before J. S. gen- S^.^Sou^c tleman, fteward of the court of the faid manor at Z,. of court pre- (the faid C, being then and there feparately and fecretly examined by the faid fteward, and contenting thereto) and furrendered according to thecuftom of the faid ma- nor, into the hands of the lord of the faid manor, by the hands and acceptance of the faid fteward, all that meff- uage or tenement, cuftomary and heriotable, with the appurtenances called P. and feven crofts of land there- unto belonging, whereof one is called ^.another F, Iffc. containing by eftimation in the whole, forty acres (more o^ lefs) fituate at L. within the faid manor, and now or late in the occupation of the faid S. and C. their under- tenant or afligns, to the ufe and behoof of F, L» widow, her heirs and afligns for ever, at the will of the lord, according to the cuftom of the faid manor, pro- vided always, that if the faid 5. B. his heirs, executors, and adminiftrators or afligns, fhould well and truly pay P 2 or 212 APPENDIX. or caufe to be paid to the faid F. L, her executors, ac?- minillrators or afllgns, the fum of 127I. 4s. of lawful nioney of Great Britain, with lawful intereft for the fame, at or upon the 12th day of November^ which will be in the year of our lord, is^c. without any dedudlion or abatement whatfoever for or in refpedt of any taxes, rateSjC har^esj afTelTnients, or impolitions whatfoever; then the faid furrender to be void, or elfe to remain in full force and virtue. Before a mortgagee be admitted on breach of a conditional furrender, a proclamation fhould be made in open court, by the bailiff of the manor, and recorded, after the following manner : — Proclamation ^^ '1^'^ court it being found by the homage, that at the for the furren- court held for the lord of this manor, on the deree to be ad- _> o ?-> r 1 • mitted on day, l3c» S. R. a cuftomary or copyhold tenant of this manor, furrcndered into the hands of the lord, by the rod, by the hands and acceptance of IT. B. Efquire, then ileward of the faid manor, one meffuage or tene- ment, with half an acre of land, cuftomary and heriot- able, called G. &c. to the ufe and behoof of A. B. gen- tleman, his heirs and afligns for ever, upon condition to pay 106I. with lawful intereft for the fame, to the faid yf. B. his executors, adminiftrators, or alTigns, upon the -_«,dayj l<}c. nextenfuing, and that then the faid furrender fhould be void, but otherwife to remain in full force and cfFeft, And it was alfo found by ihc faid homage, that the faid fum of money was not paid according to the form and effeft of th.e faid condition; ■upon which the firft proclamation was made at this court, that the faid A. B. fhould come into court to be admitted bleach of condition. APPENDIX. 113 admitted tenant of the faid tenement?, with the appur- tenances, or othervvife the lord would feize the faid te- nements, with the appurtenances, into his own hands, for want of a tenant ; but the faid A, B. although fo- Icmnly called, came not, but made default ; therefore fuch his default is recorded. At this court it was found by the faid homag-e, that at Acknowledg- •' _ ^ ' ment or latis- the court held for the lord of this manor, on the fa<£lion. day, Isfc. R. y^. furrendcred into the hands of the lord, by the i-od, by the hands and acceptance of the fleward, all that mefluage or cuftomary tenement, and feven acres of land, called B. othervvife D. fituate and being in D. within this manor, and the five acres of cuftornary land to the meffuage appertaining, with all appurtenances, to the ufe and behoof of T. D, of, ^r. his heirs and affigns for ever, upon condition, that if the faid R. J. his heirs, executors, adminiftrators, or afTigns, fhould pay or caufe to be paid to the faid A. T. his executors, admi- niftrators, or afligns, the full fum of 103I. lis. 4d. to- gether with lawful intereft for the fame, upon the twen- ty-fourth day oi April, which fliould be in the year, iSjc, then the faid furrender to be void, otherwife to remain in full force and effeft. Now at this court came the faid A. T, in his proper perfon, and acknowledged to have received full fatisfaftion and payment of the faid fum. of 103I. us. 4d. and all intereft for the fame, according to the form and efFe6l of the faid furrender. Where a mortgage is paid off, it is very ufual to take a receipt for principal and intereft on the back of the conditional furrender, or mort- gage-deed., without acknowledging fatisfadioa of the fame on the recoids or rolls of the court. P 3 Bu^. 214 APPENDIX. But this is a very ilovenly and dangerous me- thod ; for in making out a title to a copyhold eftate, which has been in mortgage, if no ac- knowledgment of fatisfadion appears on the face of the rolls, the mortgage will be fuppofed to exift as a charge on the eftate ; and after a lapfe of time, nothing may be more difficult than to prove its being paid off. Re-furrender from mort- At this court it being prefented by the homage, that gagee to mort- at the court held for the lord of this manor, on the — — - eaeeeha\'Jn'<^ day of- , R. j1. a copyhold or cuflomary tenant of been admitted, this manor, in open court furrendered into the hands of the lord, by therod, and by the hands and acceptance of R. F. Elquire, rteward, all that cuflomary melTuage or , tenement, with the appurtenances, of him the faid R. A, iituate, lying and being within and parcel of the faid manor, to the ufe and behoof of J. S, his heirs and afligns for ever, at the will of the lord, according to the cuflom of the faid manor, upon condition, neverthelefs, to pay the fum of 40I. of lawful money of Great Britain, with lawful intercft for the fame, to the faid J, S. his executors, adminiflrators, or afligns, at or upon the day of , which would be in the year of our Lord ; and that then the faid furrendcr fhould be void. And it was alfo found by the faid homage, that the faid fum of 40I. wiih the intereft thereof, was not paid or fatisfied, according to the form and effeft of the iaid condition in the faid furrendcr; whereby the eflate of the faid J. S. of and in the premifTes, by virtue of the faid furrendcr, became abfolute at law, and fub- jeft only to redemption in equity ; therefore at that fame court came the faid J. S. in his proper perfon, •^ and APPENDIX. 9.ii and prayed of the lor-l to be admitted, on breach of the faid condition, tenant to the faid premilTes ; to whom the lord of the laid manor, by his fteward, did gv^nt. feijtn thereof by the rod, to hold to the faid J. S. his heirs and afTigns for ever, at the will of the lord, according to the cuftom of the laid manor, by the rents, duties, and fervices therefore due, i^c. and he was admitted tenant accordingly. And it is alfo prefentcd by the faid homage, that at Re-admi(Tlon this court the faid R. J. having fully paid and dif- ^n foregoing charged the faid J, S. and the faid J. S. having alfo this day in open court acknowledged to have received from the faid R. A. full payment and fatlsfadion of the faid fum of40l. and all intereft for the fame, did fur- render, all and fingular the faid premiffes, with the ap- purtenances, to the ufe and behoof of the faid R. y/. his heirs and alligns for ever; and the faid R. A. prayed of the lord to be re-admitted to the faid premiffes ; to which faid R^ A. the lord, by his fteward aforcfaid, granted 79{/z"« of the faid premiffes, by the rod, to have and to hold to him, his heirs and affigns for ever, l^c. It may be obferved that the equity of re- demption of copyhold eftates in mortgage, will follow the cuftom as to the legal eftate. In bo- rough Englifh lands, if mortgaged, the equity of redemption will dcfcend tothcyoungeft fon, to whom the lands defcend ; and alfo, in mort- gages of gavelkind-lands which defcend to all the children equally, the equity of redemption- will defcend to all likewife. Fawceit verfus LQWlher^ 2 Fezej', 304. P4 At 2l6 APPENDIX. Surrender to At this court came A. B, a copyhold or cuflomary wiU^in coun, *^"^"^ of this manor, and in open court furendered into the hands of the lord, by the rod, by the hands and ac- ceptance of the fteward, all that copyhold or cuftomary mefluage or tenement fituate at , within this ma- nor ; and alfo all that other copyhold or cuftomary mef- fuage or tenement, fituate at , within this manor ; and alfo three yard lands, with the appurtenances, lying at , within this manor, to the intent and purpofe that the lord may regrant the fame to, for, and upon fuch ufes, trufts, intents, and purpnfes as the faid J,B. fliall, in and by his laft will and teftamcnt, already- made or hereafter to be made, direft, give, limit, or ap- point the fame. Surrender to Alfo it Was found and prefented^by the iaid homage, will taken out ^^^^ ^^* ^' g^^ntleman, a copyhold or cuftomary tenant of court, pre- of this manor, fince the laft court, and before this court, ientcd in court. . , i , . r . •. i r to Wit, on the day, <3c. furrendered out of court, into the hands of the lord of the faid manor, by the rod, by the hands and acceptance of D. T. and R, G. two cuftomary tenants of the faid manor, in theprefence of S. J. gentleman, witnefling the fame, all that his mef- fuage or tenement, and fevcn acres of cuftomary land, with the appurtenances, fituate at IV, within the faid manor, which are or formerly were called P. and alfo that cuftomary meftuage or tenement, and ten acres of cuftomary and heriotahle land in H. fometime called H. as alfo that cuftomary mcffuage,^^. all which faid mef- fuages or tenements, lands, hereditaments, and premif- fes, are fituate, lying, and being within the faid manor, and are held of the faid manor ; and alfo all other his cuftomary lands, tenements, and hereditaments, held of the faid manor, that the lord may regrant the fame to, for, APPENDIX. 217 for, and upon fuch nfes, trufls, intents antl purpofes, and with, under, and fubje£l to fuch powers, provifoes, limi- tations and declarations, as the faid W. H, by his lad will and teftament already made, or hereafter to be made, fliallgive, limit, dire.fV, orappoint the fame. At this court came ^-^. 5. a copyhold or cuftomary Surrent^er 'nva tenant of this manor, tenant in poireffion for his life, of ^^r^"^ "^ ^ !'" all that copyhold or cuHomary melTuage or tenement inrevenlon. and premilTes, iituate at , within this manor aforcr faid ; and alfo CD. tenant in remainder of the faid pre- milTes, after the death, furrender, forfeiture, or other determination of the faid eftate of the faid jd. B. and furrendered into the hands of the lord, by the rod, by the hands and acceptance of the lleward, all and fingu- lar the fame premifles, with the appurtenances, and all their and each of their eftate, right, title, and intereft, as well in poffeffion as in reverfion of, in, and to the fame premiifes, with the appurtenances, to the intent and purpofe that the lord of the faid manor might re- grant the fame to the ufe and behoof of £. F. his heirs and afligns for ever. At this court came A. B. and C. D. and prayed to -^'Imitrance t« ' ""£ rof Jif'e, re- be admitted tenants refpeaively to all that copyhold or mamderto cuftomary melTuage or tenement, and feven acres of 3^'^'"<^''■• arable land, Iituate at , in the county of , and parcel of, and within this manor; that is to fay, the faid A. B. for the term of his natural life, and the faid C. D. tenant in remainder, after the death, furrender, or forfeiture of the faid A, B. to whom the lord, by his faid fteward, grantedyez/T/z thereof by the rod, to have and to hold the faid melTuage or tenement and lands, and all and lingular other the faid premilTes, with the appur- tenances, to the faid A.B. for and during the term of his natural life; and from and immediately after hi? deceafe, furrender, or fprfeiture^ to the faid C, D. his heirs and afligns. 215 APPENDIX. aftlgns for ever, at the will of thclord, according to the cuftom of the faid manor, by the yearly rent of twenty Jcvcnjhilllngs and eight [icyice, fealty, fuit of court, and other fervices therefore due and of right accuftomed. And the faid A. B. and C, D. gave to the lord for a fine for fuch their eftate and the entry of the faid J. B. as appears by the court-rolls ; and they were thereupon refpeftively admitted tenants accordingly; and the faid J. B. did to the lord fealty for the fame; but the fealty of the faid C. D. was rcfpited until, &c. At this court the homage prefent, that T.T. Efquire, Acfmittance of , ^ ^11/7 a tenant by the lord of th)s manor, did out of court and Imce the laic }ord,outof court, to wit, on the day of , 1794, admit couit.rrercntCG. -^ , , ■ n J. B. of, &;c. to be one of the copyhold or cultomary tenants of this manor; and v.hich faid admittance vyas in the words and figures following, that is to fay, Alar.or of B.h:ihc\ BE it remembered, that on the county af — . j day of , Jo the year of our Lord 1794, J. B, in his proper perfon, came be- fore me, T. T. Efq. lord of the faid manor, at the man- fion-houfe of the faid manor, lituate at, he. and hum- bly prayed to be admitted tenant to all that copyhold or cuftomary meffuage or tenement, and one yard land and an half, i^tuate, lying and being at , within and parcel of the laid manor, and all and lingular other the premifies, with the appurtenances thereunto belong- ing ; to v.-hich faid premiiTes the faid J,B. became enti- tled, as eldcft Ton and heir at law of C D. deceafed, late a copyhold or cuftomary tenant of this manor, to whom I, the faid T. T. lord of ihe faid manor, by my own pro- per hands, in the prcfencc of S, S. gentleman, and R. R, gentleman, wit'ncfling the fame, did then and there grant je:/:n of ail and fingular the faid premiffes, by the rod, to have and to hold the faid copyhold or cuftomary mef- fuagc APPENDIX. ?:i9 fuage or tenement, lands and premilTcs, with their av.d every of their appurtenances unto the faid ^. B. his heirs and affigns for ever, at my will, and at the will of the refpeftive fuccceding lord or lords, lady or ladies, of the laid nianor, according to the cuftom of the faid manor, by fealty, fuit of court, and the feveral yearly rents, duties, and fervices therefore due and of right ac- cuftomed. And the faid A. B. gave for a fine, for fuch his ellate and entry into the ])rem!{res, as will appear in the margin of the court-rolls of the faid manor; and the faid j^. B. was admitted tenant to the faid premises in manner and form aforefaid ; and h\i fealty was yef- pited till hereafter. T. T. Lord of the laid manor. Li the fire cnce ct J ^ -^ -^ \C.D. At this courtj the death of C. D. the wife of A. B. being prefented, came the laid A. B. who claims to Admifilon of , , , , . ^ r r -n ^ 1 i- ^ tenant bv ihc hold as tenant by ttie courtefy ol Jingland, accordmg to counelV, the cuftom of this manor, and prayed of the lord to be admitted tenant for the term of his natural life, to all that meiruage or tenement, and eight acres of land, with the appurtenances, fituate at , within this manor, of which the faid C, D. died feifed; to which faid J, B. the lord, by his fteward, granted leifin of all and lingular the faid premilTes, by the rod, to have and to hold the faid melTuage, or tenement, land and pre^ inlffes, with the appurtenances, unto the faid A. U, dur- ing the term of his natural life, at the will of the lord, according to the cuftom of the faid manor, by the yearly rents, duties, and fervices therefore due, and of right ac- cuftomed ; and the faid A. B. gave to the lord for a fine, for fuch his eftate and entry in the premilTes, as by the rolls, and was admitted tenant thereof, and did fealty accordingly. At; 220 APPENDIX. A(3mSffion of At this court it was found and prefented by the ho- for their ioint' "^^j^e, that J. P. Lite a copyhold or cuftomarv tenant >ives, and the (^f [\\\s manor, died feifcd of a certain cottage, and half heirsoi thfcba- r n i j i • i i • ^2~, an acre ot cuitomary land, lying and being at , within this manor; and that IV. P. is his next heir. Now at this court came the faid IV. P. and Af. his wife, and humbly prayed of the lord to be admitted tenants thereof, to hold to the faid IV. P. and AI. his wife, and the heirs of the {aid IV, P. ; to which faid IV. P. and Af, his wife, the lord, by his fteward aforefaid, granted feifm thereof, l/V the rod, to have and to hold the faid cottage, and half an r>cre of land, wiih the ap- purtenances, to the faid IV. P. and Af. his wife, and the heirs of the faid IV. P. at the vTill of the lord, accord- ing to the cullom of the f.iiu manor, by the yearly rents, duties, and ferviccs therefore due, and of right accuf- tomed. And the f.^id IV. P, piiid to the lord for a fine, as appears by the court-rolh', and did his fealty; and the faid IV, P. and Af. his v/ife, were adtnitted te- nants thereof accordingly. Surrender by ^t- t^ig court c?.iv;c -^. ^. one of the cufiomary te- nants of this m.tnor (by C. D, his attorney, lawfully authorized, by virtue of a power of attorney, under the hand and feal of the faid A. B. for that purpol'c, bearing date the day of , inf;ant) and furrendered into the hands of the lord, by the rod, by the hands and acceptance of" his faid ileward, all that melluage or tenement, and twenty acres of cuHomary land, fituate at -, within this manor, to the ufe and behoof of if. F. gentleman, his heirs and afli^'^^ ^or ever. When a pcvfon nicans to fvirrender by atrorney, lie ought to give a proper authority, under his hand and fta!, to fome one for that purpofe; and attorney. APPENDIX. 421 ihe perfon ading by virtue of that authority fliould, after the power of atcornej^ being read, repeat to the following efteifl : — " 1, A. B. by *' virtue of the power of attorney to be made by ** C. D. and of the power and authority to me " thereby given, do for and in the name of the *' faid ^4. 7i. furrender and yield up into the ** hands of the Earl of 6. lord of this manor, **' all that, &c. and all the eftate, &f, and in to- <* ken thereof," CsV. And the power of attorney, which is in all cafes the j unification of the fleward for acls done by him, ought to be recorded or filed j and the fafer way perhaps will be to record it. At this court came J. B. bv C. D. genileman, his Ax.1mifIion by . "J . . attorney on a attorney, lawfully authorized, by virtue of a power ot purchaie, attorney, under the hand and feal of the faid A. B, for that purpofe, bearing date the day of , in- 'ilant; and humbly prayed of the lord=; ro be admitted by his faid attorney, tenant to all thole nieffnagjs or te- nements, and half-yard land, lituate at , within this manor, formerly the eflate of D. D. gentleman ;- and which was furrendered to the faid J. B. by the faid D. D. at a former court held for this manor, to which faid A. B. by the faid C. D. his attorney afore- faid, the lord, by his faid ftevvard, granted feifin there- of, by the rod, to have and to hold the faid mefluages or tenements, and half-yard land, with the appurte- nances, to the faid A. B. his iielrs and alTifrns for ever, by the rod, at the will of the lord, according to the cuf- tom %2Z APPENDIX. torn of tlie fak' mnnor, by and under the yearly rents, duties, and ferviccs therefore due and of right accuftom- ed ; and he gave by the faid C. D. liis attorney afore- faid, to the lord for a fine, for fuch his admittance, as appears by the court-rolls ; and was by the faid C. i>, his attorney aforefaid, admitted accordingly ; but his fealty was refpited until hereafter, Xfccncetodc- At this court came B. -S. gentleman, one of the mife in court. ^ r i • i i . i cultomary tenants or this manor, and humbly pray- ed of the lord, licence to demife all and fingular his cuftomary melTuages, lands, and tenements within the faid manor, to any proper under-tenant, or under-tenants, for any term or number of years, not exceeding the tenn of one-and-twenty years, to be computed from the fcafl-day of the nativity of St. John the Baptift laft paft. To which faid B, S. the lord, by his faid fteward in open court, gave and granted liberty and li- cence to demife and leafe all and lingular the melfuages, lands, and tenements of him the faid B. S. within the faid manor, toany fuch under-tenant or under-tenants as. aforefaid, for any term or number of years not exceed- ing the term of one-and-twenty years, to be computed from the faid feaft-day of the nativity of St. John the Baptift laft paft; fo that the faid melTuages and tene- iiK'nts, hedges, ditches, and fences, of and belonging to the faid premiffes, be well and fufficiently repaired and amended ; and the feveral rents, duties, cuftcms, and fervices thereupon due to the lord, and of riglit ac- cuftomed, be well and fufficiently rendered, obfervcd, paid, and performed : and he gave to the lord for a iinc for this licence, as appears by the court-voll3% With refpccl to the granting of licences in particular cafes, and what lords may or may not APPENDIX. 223 ftot g;rant licences, the fume doctrine holds ex- actly as to accepting furrenders and making grants. The ciiilom of manors generally pre- fcribe the time, beyond which the lord (hall not grant a licence to demife, — as well as the time beyond which the tenant cannot demife without licence. Manor o/'y/.") Where as divers controverfies, quarrels, Licence to fus. to wit. J and dilputes have lately arifen and fub- fiiled between J. H. of , one of the copyhold or . cuftomary tenants of the faid manor oi J. and R. S. another copyhold or cuftomary tenant of the faid ma- nor, and F, his wife, touching and concerning their fe- veral copyhold lands and tenements, fituate, lying and being at , within the faid manor. Now be it re- membered, that on the humble requeft of the faid y, H, made on the day of -, in the year of cur Lord ' , to W. B. Efquire, lord of the mr.nor aforefaid, he, the faid ff. B. by R, B, Efquire, fteward of the laid manor, granted licence unto the faid y, H. to com- mence and profecute one or more fuit or fuits, aflioii or a£lions at law agalnft, or oiherwife to fue, arrcft, or implead the faid i^. 5.. and i^. his wife, or their heirs, executors, adminiftrators, or ailign?, or any of them, in any court or courts of record whatfoever, for, touching, and concerning the faid copyhold lands and tenements aforefaid, or any part or parcel of them, or any the ap" purtenances thereunto belonging (any law, cuftom, or xifage of, or belonging to, or within the faid manor, now fubfiding to the contrary thereof in anywile not- . wilhftan^'mg) provided that fuch fuit or fuits, a£lion or adions, fo to be commenced and prcfecuted, be com- menced 224 APPENDIX. menced anJ profecuted within one year after the date hereof, or otherwife the faid licence to he void and of none effeft. Surrender and j^^ ^j^jg court came S. B. and in open coart furren- releaie forever, , . ' from one who dered by the rod into the hands of the lord, by the hands -d ris;,lit. ^^^ acceptance of the fteward, according to the cuftom of the faid manor, all that his right, title, eftatc, in- tereft, claim, and demand of; and in all that parcel of land, parcel of O. called the , lituate, lying and being at , within this manor, to th.e ufe and behoof of N. N. his brother (being in full and peaceable pof- • fciTion) and his heirs and affigns for ever, and thereof remifed and releafcd the faid A''. A^. and his heirs and affigns for ever; fo that neither the faid S» B. nor his heirs, fhould from henceforth claim, challenge, or de- mand, any eftate, right, title, or intereft whatfoever, of, in, or to the faid parcel of land, but fhould by the in- rollment of thefe prcfcnts be from henceforth entirely- excluded, and barred from all right, title, eftate, or in- tereft therein. Surrender and At this court came A. B. late one of the copyhold or releafe to the „ , , . ^ ■ r tt ' i lord, to operate cultomary tenants or this manor, and m tull and open as an cxtin.^ court furrendcred by the rod, into the proper hands of guiihinent of . ^ — ^ , . . . n i i • ihc copyhoJd. the faid C. D. Efquire, lord of this manor, all that his copyhold or cuflomary meffuage or tenement, which he the faid A. B. held by copy of court-roll of this manor, by certain rents and ferviccs, to the intent tliat the faid C. D. lord of the manor aforcfaid, might do therewith his will ; and the faid A, B. then and there remifed, I'e- leafed, quit-claimed, and for ever difchargcd unto the faid C. D. his heirs and alligns for ever, all the ertate, light, title, interefl, ufe, truR, polTeflion, pollibility, claim, and demand which he, the faid A. i>. then had, «r erer had, or ever fhould have, of, into, or out of the faid APPENDIX. 225 fald dopyhold, meffuage, or tenement, and premises, by- virtue of ihc faid copy of court-roll, or otherwife, how- foever. At this court came A. B. a copyhold or cuftomary Surrender b]^ a tenant of this manor, and C. his wife (fhe, the faid C, ^^jp^ ^^ ^^^ ^f^ being: folely and fecretly examined by the faid fteward of two tenants, /• , , n , ,• , A r 1 to hold parcel apart from her huiband, accordmg to the culiom of the of thepremifles faid manor, and confentinsr thereto) and furrendered toone.andpar- , eel to another, into the hands of the lord of the faid manor, by the rod, and the rent by the hands and acceptance of the fteward aforefaid, apportioned, all that meffuage, or tenement and premiffes, fituate at , within this manor, called S. ; and alfo all that other meffuage or tenement, fituate at , within this manor, called T, ; and alfo all thofe feventeen acres of land to the faid meffuages or tenements belonging; and which faid meffuage or tenement, called 5. and alfo the faid meffuage or tenement called T. and the faid feven- teen acres of land, were holden of the lord of this ma- nor together, at the yearly rent or fumof 1, and all their eftate, right, title, and intcreft of, in, or to the fame, with the appurtenances, to the intent and purpofe that the lord of the faid manor might regrant the faid meffuage, or tenement and premiffes, called S, with the appurtenances, to the ufe and behoof of E. F, of, &c. gentleman, and his heirs and afligns for ever; and to the further intent and purpofe that the lord might re- grant the meffuage, or tenement and premiffes, called T: and the faid feventeen acres of land, with the appurte- nances, to the ufe and behoof of G. H. of, &c. yeo- man, his heirs and affgns for ever; to hold the fame feveral and refpe£live meffuages or tenements, lands and premiffes, in manner aforefaid, unto the faid E. F, aud G H, at the feveral and refpeflive yearly rents, by the faid fleward, now in court, apportioned in manner following; that is to fay, the faid £. F. to yield and Qw pay , 226 APPENDIX. pay for the faid mefTuage or tenements and premiiTes, called S. the yearly rent or fum of ; and the faid G. H. to yield and pay for the faid melluage, or tene- ment and premiffes, called T, and the faid feventeen acres of land, the yearly rent or fum of . Now at this court came the faid E, F. and prayed of the lord to be admitted tenant under the faid furrender, to the faid melTuage, or tenement and premiffes, called 5". to whom the lord, by his fteward, granted feifin thereof by the rod, to have and to hold the faid meffuage, or tenement and premiffes, called S. with the appurtenances, vinto the faid E, F. his heirs and affigns for ever, at the will of the lord, according to the cuftom of the faid manor, by the aforefaid appoitioned yearly rent of ; and by the duties and fervices therefore due, and of right accuftomed ; for the grant whereof, the faid E, F. gave to the lord for a fine, forfuch his entry, as appears by the court-rolls, and was admitted tenant, and did his fealty for the fame accordingly ; and afterwards at this fame court came the faid G. H. and prayed to be admitted (as in the former) to the other mefiuage and lands, &c. Exchange by At this court came J. B. and C, D, two copyhold !rant?onheir 0^ cuftomary tenants of this manor ; the faid J. B. refpeaive tcr.e- holding to him and his heirs, at the will of the lord, ac- cording to the cuftom of the faid manor, a meffuage, or tenement and premiffes, called E, within this manor; and the faid C. D, holding to him and his heirs, at the will of the lord, according to the cuftom of the faid manor, a meffuage, or tenement and premiffes, called F. within this manor; and being dcfirous of exchanging with each other their refpeflive meffuages, or tene- nienrs and premiffes, he the faid J. B. (in confideration cf the furrender to be after made at this faid court by the f ' \ A P P E N D I 3t. the faid C D.) furrendered into the hands of the torclj by the rod, by the acceptance of the fteward, all that meffuage,or tenement and preniilTes, with the appurte- nances, called E, within this manor, to the intent and purpofe that the lord of the faid manor might regrant the fame to the ufe and behoof of the faid C D, his heirs and affigns for ever, in exchange for the faid mef- fuage, or tenement and premiffes, called F. after fur- rendered by the faid C. D, to the ufe of the faid J. B» And the faid C, D, (in confideration of the furrender before made by the faid ^. B, to the ufe of the faid C D, his heirs and afligns) furrendered into the hands of the lord by the rod, by the hands and acceptance of the faid fleward, all that mefTuage, or tenement and premiffes, called F. within this manor, to the intent and purpofe that the lord of the faid manor might re- grant the fame to the ufe and behoof of the faid J. B. his heirs and afligns for ever, in exchange for the faid meffuage, or tenement and premiffes, called E. before furrendered by the faid A» B, to the ufe of the faid C D* his heirs and affigns for ever. And afterwards, at this court, the lord, by his fleward, did grant feifin of the faid melTuage, or tenement and premiffes, called F, {o furrendered by the faid C. D. unto the faid A. B. to have and to hold the faid meffuage, or tenement and premiffes, called F. unto the faid A. B. his heirs and afligns for ever, at the will of the lord, according to the cufLom of the faid manor, by the rents, duties, and fervices therefore due and of right accuftomed, for the grant and exchange whereof the faid A, B. gave to the lord for a fine, as by the rolls, and was admitted tenant accordingly; and afterwards, at this fame court, the lord, by his fleward aforefaid,(s^r.(C D, admitted after the fame manner.^ APPENDIX. The Form of fufferhig a Reco'Very in a Manor- Court^ ought to he in the following manner '.^^— A. B. is the tenant in tail, and defirous of barring the entail by a recovery. In this cafe C. D. muft be made tenant to the plaint, or te- nant to the precipe ; and £. F. as demandant, is to bring his adion againfl C. D. for the lands.- ji. B. then comes in as vouchee, to vouch over R. M. the common voucher of the court. The copyholds muft in the firft place be furrendered to the uleof C. D. : to make him tenant to the plaint, and he muft be admitted in ihc ufual man- ner ; the fteward then addreiTing himfelf to E. F. the demandant : *' You being now in court, in *' your own proper pcrfon, complain againft " CD. tenant to the plaint, of a plea of land ; " to wit, one mefluage, one curtilage, &c. hol- " den of this manor by copy of court-roU, at ** the will of the lord ; and therefore you pray *' proccfs to be awarded againft him ; but you *« the faid C. D. voluntarily appear to anfwer *' to the faid E. F. and thereupon you, the faid *' E. F. demand againft the faid C. D. the te- ** nements aforelaid, with the appurtenances, as " your right and inheritance, and fay that you *' were feifed of the fame, in your demefne, as " of fee and right, according to the cuftom of " this manor, at the will of the lord, and into *' which the faid C, D. has not entry but after *' the APPENDIX. ** the difTeifin of one Hugh Hunt ; wliereiip- ** on you C. D. come and defend your right to *^ the tenements afore faid, with the appurte- " nances, and vouch over to warranty A, B, *' to which you A. B. appear. And thereup- " on you E. F. make the hke demand againft " the faid A. B. as ap;ainft the faid C. D. and " fay that you were feifed of the tenements afore- " faid, with the appurtenances, in your de- ** mefne, as of fee and right, according to the ** cuftom of this manor, at the will of the lord, " and into which the faid j4 B. has not entry, ** but after the difTeifin of the faid Hugh Hunt; " whereupon you A. B, come and defend this '* right of the faid C. D. to the tenement afore- " faid, with the appurtenances, and further call <•' to warranty Ral^h May ; and thereupon, you " E. F. make the like demand againft the ** faid Ralph May as againfl the faid ^. B, *' and fay that you was feifed of the tenements *' aforefaid, with the appurtenances in j^our " demefne, as of fee and right, according to the " cuftom of the manor, at the will of the lord ; *' and into which the faid Ralph May has not ** entry, but after th^ difTeifin of the faid '■^ Hugh Hunt; whereupon you, Ralph May^ ** come and defend the right of the faid C D, " and fay, that the laid Hugh Hunt did not *' difTeife the faid E. F, of the tenement afore- *' faid, as the faid E. F. does by his plaint above ♦' pretend and allege ; and thereupon you, E. F, APPENDIX. ** E. F. crave leave of this court, to imparl *' until four of the clock in the afternoon of this " day ; leave is therefore granted to you, the " faid E. F. and aifo unto the faid Ralph May, " to the faid hour." Then the parties arc fup- pofed to leave the court': and at the hour of four in the afternoon, the time to which the court was adjourned, E. F. being come into court J but Ralph May, the common vouchee, being abfent, the fteward then fays to E. F. ** After the imparlance, you E. F. appear; " therefore let proclamation be made, that the ** laid Ralph May appear alfo." Proclamation fhould then be made by the bailiff of the court, for Ralph May, the common vouchee, to come into court, and anfwer to E. F. of a plea of land now pending between them, or judgment (hall be entered againft him for the tenements which he claims. The fteward then declares, That the common vouchee, Ralph May, although folemnly called, having made default, and ftanding in contempt of the court, that judgment be therefore entered againft him, that the demandant recover the tenements claimed. Three proclamations fliould be then made by the bailiff or cryer, *' That if any can ought fay why E. F. ftiould ** not recover againft C. D. A. B. and Ralph " May, let them come into court, and they <♦ fl^J-ll be received and heard." Then follows the APPENDIX. the judgment by the fteward. " But as none " appears, it is confidered by this court, that " the faid E, F. recover his feifin of the tene- '* ments aforefaid, with the appurtenances, ** againft the faid C. D. ; and that the faid *' 6. D. have of the lands and tenements of the ** faid ^. B. within thejurifdidlion ot this court, " to the value of the tenement aforefaid j and " that the faid ^. B. have of the lands and te- " nements of the faid Ralph May^ within the *' jurifdicuion of this court, to the value of the " tenement aforefaid ; and that the faid Ralph ** May be in mercy, &c. And in purfuance of *^ this judgment, you, E. F. pray the precept of ** this court to be directed to William Graves, " the bailiff of this manor, whereby you may " be put into peaceable poifeiTion of the tene- *' ments aforefaid, with the appurtenances, ac- *^ cording to the cuftom of the fiid manor : " wherefore let fuch precept iflue, returnable " here into this court, without delay." The fteward then iffues his precept to be direded to the bailiff of the manor and minifter of the court, to caufe full feifm of the premiffes aforefaid, with the appurtenances, in form aforefaid re- covered, to be delivered to him, returnable immediarely. The faid E. F, and bailiff then appearing again in court, the faid bailiff certi- fies and returns to the court, that he, by virtue of the precept to him direded, did, fitting the court, caufe full feifin of the lands and premiffcs aforefaid. APPENDIX. aforefaid, to be delivered to the laid E. jP., as b}' the faid precept he was direded. The fteward then, in confirmation and execution of the fame recovery, in the name of his lord, in full and open court, grants feifin of all and fin- gular the tenements aforefaid, with the appur- tenances, by the rod, according to the cuftom of the manor, to hold to the faid E, F, his heirs and affigns, at the will of the lord, accord- ing to the cuftom, &c. Then £. i^., ^. D.^ A. B.y and Ralph May^ the common vouchee^ furrender the tenements to the ufe of A. B. in . f(,ns,came fV. R. T. H. and J. E, and furrendered in- to the hands of the lord of the manor afoicfaid, by the rod, according to the cuflom of the faid manor, by the acceptance of his faid fleward, the faid mefl"uage or te- nement, and ftore-houfe, and twenty acres of land and premifles above mentioned, with their appurtenances, fo recovered as aforefaid ; and alio releafcd all their and Admitted^, each and every of their eftatc, right, title, and intereft of, in, and to the fame, to the ufe and behoof of the faid APPENDIX. 239 J. D, and of his heirs and afligns for ever : to which faid 7. -D. then perfonally prefent in full court, the lord of the manor aforefaid, by his faid fteward, did grant thtxeof feijin by the rod, to have and to hold the faid rncfTuage or tenement, and ftore-houfe, and twenty- acres of land and premifles before^mentioned, with their appurtenances, unto him the faid J, D. his heirs and afiigns for ever, of the lord of the manor aforefaid, by the rod, at the will of the lord, according to the cuf- tom of the faid manor, by the rents, duties, and fervices therefore due and of right accuflomed ; but he paid no fine to the lord, becaufe this recovery was only had for further aflurance, and he had afore time made his fealty ; and fo faving always the right of the lord, the faid J. D, was admitted tenant thereof in form aforefaid. ANOTHER APPENDIX. ANOTHER KECOVERY. Ma?ior of G. in ihe'^ A Special Court Baron, hoi- County of N, i den for G. H. Efq. lord of the faid manor, on the twentj'-fixth day of June, in the year of our lord one thoiiiand feven hundred and eighty-fix, before G. H. gentleman, deputy fteward there, for the following purpofes lawtully authorized, by R. B. Eiq. chief fteward. u f R, E. Efq. Honia2;e, ) ^ "^ \R.D. SurrenJtrm ^y ,y,j5 court camc P. E. Sfentlcman, a copyhold or fee, in order to ■ i • r n i fufler a leco- cuftomary tenant of this manor, and in full and open very to bar the furrcncftred into the hands of the lord, by the rod, by the hands and acceptance of the faid deputy fleward, all and every the meiluagcs, lands, tenements, and here- ditaments vvhatfoever, of him the faid P. E. hoklen of this manor by copy of court -roll, with their and every of their rights, members, and appurtenances, and the reve.rlion and rcverfions, remainder and remainders thereof, and of every part and parcel thereof ; and alio all the eftatc, right, title, intcrtft, nfe, trufl, pof- feffion, property, claim, and demand whatfocver, at law or in equity, or otherwifc howfoever, of him the faid P. E, of, in, to, or out of the faid hereditaments and premilTcs, and every or any part or parcel thereof, with their and every of their appurtenances, to the ufc and behoof of G. C. and of his heirs and afligns for ever ; to the Intent and purpofc that a good and common recovery might, APPENDIX. 241 tiilght, in due fonn of law, and according to die cuf- tom of the faid manor, be had and fufFered of all and iingular the fald hereditaments and premiiies. And Admittance thereupon the faid G. C. being prefenl in court, in his ^'■^'^'^^°"' own proper perfon, humbly prayed of the lord to be ad- mitted tenant to all and every the hereditaments and premilTes fo as aforefaid furrendered. To which faid G. C. the lord, by the hands of the faid deputy fleward, granted and delivered j^i/^w thereof by the rod, to hold to him the faid G, C. and his heirs, to the intent and purpofe aforefaid. And immediately afterwards fitting the court, came The recovery, into court B. R. gentleman, in his own proper perfon, and by the licence of the lord, according to the cuftom of the faid manor, complained againft the faid G. C. of a plea of land (that is to fay) of the premilTes afore- Bv way of - . , , , f. . , r 1 I plaint in na- laid, by the name or one tenement, eight acres or land, \^^^ ^f ^ ^..^j^ eight acres of meadow^ and eight acres of pafture, with of right. the appurtenances, in B. and B. in the county of N, and within the jurifdidion of this court (which pre- milTes the fald G. C, had and took up to him and his heirs at this prefent court, from the furrender of the faid P. E. in manner and form as is before recorded) ; and the faid B, R. made proteftation to profecute his plaint aforefaid here in this court, againft the faid G. C. in the form and nature of a writ of our lord the King, of entry upon diJJ'e'ifin in the poft, at common law, ac- cording to the cuftom of this manor; and he found pledges here to profecute his faid plaint in this court, to wit, yohn Doc and Richard Roe ; and he prayed pro- cefs to be made thereupon againft the faid G. C. that he might be in court before the faid deputy fteward and homage, to anfwer him the laid B. R. in the plea afore- faid • and it was granted, ^c. returnable there without R delav. 242 APPENDIX. Count againft tenant. delay; but the aforefaid G. C. being prefent in court, in his own proper perlbn, freely appeared to anfwcr the laid B. R. of the faid plea, without any procefs ; and to hiiy?. it was there granted. And thereupon the faid B, R. complained, that the aforefaid G. C. unjnftly deforced him, and fo forth, and thereupon the faid B. R. demanded againft the faid G. C, the tenements aforefaid, with the appurtenances, holden of the lord of this manor by copy of court-roll, within the jurifdidtion of this court, by the name afore- faid, as his right and inheritance, according to the cuf- tom of this manor, and in which the faid G. C. had not entry but after the dljfeifinj which Hugh Hunt thereof unjuftlv, and without judgment, had made to the faid B. R. within thirty years now laft paft, l^c. and where- upon the faid B. R. faid that he himfelf was feifed of the aforefaid premifies, with the appurtenances in his demefne, as of fee and right, at the w^ill of the lords, ac- cording to the cuftom of this manor, in the time of peace, in the time of our faid lord the King that now is, by taking the profits thereof, to the value, ^c and into which, <5fc. and therefore he brought fuit, isfc. And the faid G. C.in his proper perfon came and de^ fended his rigiit, when, Isfc, and thereupon vouched to warranty y^. B. who was prefent there in court, in his proper perfon, and freely warranted to him the faid te- nements with the appurtenances, Ufc. and upon this the Count againft faid G. C. demanded againft the faid J. B. tenant by his warranty, the tenements aforeiaid, with the appur- tenances in form aforefaid ; and thereupon he faid that he was feifed of the faid premifies, with the appurte- nances in his demefne, as of fee and right, at tlie will of the lord, according to the cuftom of the faid manor, in the time of peace, in the time of our faid lord the King Tenant vouches to warranty A. B vouchee. A 1> P E N D I X. 243 King that now is, by taking the profits thereof, to the value, tiff, and into which, ^f. and therefore he brought fuit, cs'r. And the faid A. B. tenant, by his own warranty, A. B. vouches came and defended his right, when, &c. and further ^f ^^^^^^^ Vouched thereupon to warranty N. H. who was alfo prefent in couit in his proper perfon, and freely war- ranted to him the tenements aforefaid, with the appur- tenances, &c. and upon this the faid G. C. demanded againft the faid N, H, tenant by his warranty, the Count agalnft tenements aforefaid, with the appurtenances in form vouchee. aforefaid ; and thereupon he faid that he was feifed of the faid tenements, with the appurtenances in his de- mefne, as of fee and right, at the will of the lord, ac- cording to the cuftom of the faid manor, in the time of peace, in the time of our lord the King that now is, by taking the profits thereof, to the value, &c. and into which. Sec. and therefore he brought fuit, &c. And the faid iV. H. tenant by his warranty, came Second and defended his right, when, ^c. and farther vouched vouches ovef over to warranty S. W. who being alfo prefent in court common in his proper perfon, freely warranted to him the faid tenements, with the appurtenances ; and upon this the faid B, R. demanded againfl the faid S. IF, tenant by his warranty, the faid tenements, with the appurtenan- ces, in form aforefaid ; and whereupon he faid he was feifed in his demefne, as of fee and right, atthewillof the lord, according to the cuftom of the faid manor, in the time of peace, in the time of our lord the King that now is, by taking the profits thereof, to the value, ^jfc. and into which, ^^c. and therefore he brings fuit, fe'f. And the faid S. TV. tenant, by his own warranty^ Common vod- being ftiil perfonally prefent , in courtj defended his chee pleads. right j when, 'sfc, and the whole, ^c, and whatfoever. Z04. APPENDIX. i:fc. and chiefly tlie prcmiires aforefaid, with the appur- tenances, as of fee and right, according to the cuftom of this manor, and fa id that the faid Hugh Hunt did not diffeife the faid B, R. of the premifTes aforefaidj with the appurtenances, as he the faid B. R. in and by his plaint and declaration aforeiaid had fet forth ; and of this he put himfelf upon the country, namely, the homage of this manor; and the faid B. R. did fo like* T . -^ wife: and thereupon the faid B. R, craved leave to im- Xes^c to im- ' i pail. pari till twelve o'clock of the noon of this day, and it was granted: and the fame hour, by the alTent of the parties was given to the faid S: H'^. to come here, ^c. ; and afterwards, to wit, at the fame hour, the faid B. R, came here again into this court in his proper perfon^ and offered himfelf againfl the faid S. IV. tenant, by his own warranty in the plea aforefaid ; and the faid S. PF, although folemnly called thrice, according to thecuftom of the faid manor, came not again, but de- parted in contempt of the court, and made default ; Proclamation v;hereupon public proclamation in this court was made tor judgment, ip^ due form, that if any perfon could allege any thing wherefore final judgment fliculd not be given for the faid B, R. againft the faid -S. ff\ and the other tenants, by their own warranty of the land aforefaid, with the appurtenances, they fliould come into court and they fhould be heard, othcrwife judgment thereof would be r'ven, and fo forth. And bccaufe none came, there- (vicigment of ■- . . . 'he court. fore, according to the cufloni of this manor, it was con- fidcred and adjudged by the faid court, tliat the faid R. R. fhould recover \u^ Jllfm againfl the faid C.C, of the premifTes aforefaid, with the appurtenances ; and that the faid G. C, fliould have over of the cuflomary lands and premifTes of the faid A. B. holden of the lord of this manor by copy of court-roll, at the will APPENDIX. 245 Tvill of the lord, according to the cuftom of this ma- nor, to the value, ^c. and that the faid J. B, fhould have over of the land and premifTes of the faid N. H, holden of the lord of this manor, by copy of court- roll, at the will of the lord, according to the cuftom of the faid manor, to the value, ^^c. and that the faid N» H. fhould have over of the lands of the faid S. W. to the value, ^c. and the faid 5. JV. is in mercy, &""<:. And thercuDon the faid B. R, prayed a precept ac- Precept to de^ cordmg to the cuftom of this manor, to be made by the ilevvard, and direfted to the bailift" of this manor, and alfo minifter of this court, tocaufe 'i\j\\jc'ifin of the pre- miftes aforefaid, with the appurtenances, in form afore- faid recovered, to be delivered to him ; and it was fo granted him by the court, returnable here without delay, fe'c. And afterwards (that is to fay) this fame twenty-fixth Precept re. day of June^ came here again into court the faid B. R, in his proper perfon, and alfo the bailiff of this ma- nor and minifter of this court, namely, B. B. who cer- tified and returned to this court that he, by virtue of this precept to himdirefted, did, fitting this court, caufe full fe'ijin of the lands and premifTes aforefaid, with the appurtenances, in form aforefaid recovered, to be deli- vered to the faid 5. i?. as by the faid precept he -.vas dire died, ^c. And thereupon the lord of this manor, upon the hum- geifin delU ble petition of the I'aid B. R. and in full execution of the vercd. judgment and recovery aforefaid, by the hands of the deputy fteward of this court, did in full and open court, before the whole homage thereof, grant and deliver to the faid B,R»feiJin of the faid prcmiflcs, with tlie appurtenances by him recovered inform afore- R 3 faid> 246 APPENDIX. laid, to hold to him the faid B, R. and his heirs, at thS will of the lord, according to the cuftomof this ma,nor, by the rents and fervices thereof, before due, and of right accuftomed ; and the faid B. R. was admitted tenant thereof, faving every one's right, ^c. and he gave to the lords nothing for a fine, becaufe for a common afr furance only ; and his fealty to the lords therefore is pardoned. And immediately afterwards fitting the court, came Releafe from here again into court the faid G. C. the faid J. B, and tenant, and the ^ r ■■> -kt tt • ^ ■ r i r i firfl and /econd '^"^ ^^'" ^' ■"• '" their own proper perlons, and lor the vouchee to :e- better aflTurance, ratification, and confirmation of the eftale and title of the faid B, R. to the premilles, with. the appurtenances, recovered by him in form aforefaid, did by the hands of the deputy fleward of this court, by the rod, furrender, and in full and open court, the whole homage witnefllng the fame, remife, releafe, and altogether for themfelves and their feveral and refpec- tive heiro for ever, quit-claim to the faid B» R. in his full and peaceable poflefllon and feijin thereof now being, and to his heirs, all and every the lands and pre- mifTes aforefaid, with the appurtenances in form afore- faid recovered : and alfo all the eflate, right, title, in- tcrefl, claim, and demand whatfoever, which they the faid G. C. A. B. and AT. JV, every or any of them, then or ever had, or whipli they or their heirs or any of them, fliould or might, in or by any ways hereafter have, or lawfully claim to have, of, in, unto, or out of the fame premiilcs, or in or to any part or parcel of the fame, with their and every of their appurtenances; and alfo ail and all manner of a£^ion and actions, caufe and caufes of aftion, fuits, real, pev- fonal, or mixt whatfoever; together with ail and every error and errors in deeds, records, rolls of court, aud APPENDIX. 24? in the plaint aforcfaid, anJ in the procefs thereof, and proceedings thereupon. And all writs of falfe judg- ment which they the faid G. C A. B. and N. H. every or any of them, their, every, or any ot their heirs, then had, or hereafter might have, againft the faid B. R, and his heirs, of, in, for, or by reafon of the premiffes aforefaid, with their appurtenances, or any part thereof, fo as neither they the faid G. C. A. B. and N. H. nor any of them, their, or any of their heirs, nor any other for them, or in their, or any of their name or names, any eflate, right, title, interefl:, claim, or de- mand whatfoever of, in, unto, or out of the faid pre- miffes, with their appurtenances, or in or to any part or parcel thereof, fhould or might have, claim, chal- lenge or demand ; but of and from all, every, and any af^ion or aftions of right, and all eftate, right, title, in- tereft, claim, and demand, in or to the fame pre- miffes, were, and every of them, thereafter fhould be utterly excluded, and by faid furrender and releafe de- barred. And immediately afterwards as then fitting the court, Surrender by he the faid B. R. being prefent in court in his own pro- R^covcror. per perfon, did furrender by the rod, into tiae hands of the lord of this manor, the aforefaid lands and tene- ments unto which he was admitted tenant at this faid prefent court, after a recovery thereof, according to the cuftom of this manor, was in due form of law had and fuffered, in manner and form as is hereinbefore re- corded ; and the reveriion and reverfions, remainder and remainders thereof, and of every part and parcel thereof ; and alfo all the eftate, right, title, interell, vfe, truft, property, claim, and demand whatfoever, ;il law and in equity, or otherwife howfoever, of Jiim the faid JB' R. of, in, or to the fame, v^ith their R 4 and 548 APPENDIX. and every of their rights, members, and appurtennnces whatfoever, to the ufe and behoof of the faid P. E. and of his heirs and affigns forever. Now to this faid court came the faid P. E, in his own proper perfon, and prayed the favour of the lords of this manor to be ad- mitted tenant to all and every the hereditaments and pre- mifles fo as aforefaid furrendered (that is to fay^ to one tenement, with a garden annexed, and four acres of land, lying near the clofe, called RandaWs Cloje^ in B. and alio to four other acres of land in four leveral parcels ia B. aforefaid, or 73. with the appurtenances, late the cuf- Adininion of tomary lands of C. L. And the faid P. E. was admit- puiclialer. ^^j tenant to all and every the fame hereditaments and premiffes accordingly ; to whom the lords, by their faid deputy ftewnrd, did dt\\\ tr fcijin thereof by the rod, to hold to him the faid P. E, and his heirs for ever, of the lord of this manor, at his will, according to the cuftom of this manor, by the rents and fervices there- fore due and of right accuflomed ; and he gave to the lord nothing for a fine, becaufe for a common affurance only, and his fealty was pardoned. APPENDIX. «t49 Under aifls of parliament for inclofurcs, where land is given in lieu of rights, an admiffion to that land is necciTary, and fometimes on ex- changes, notwithftanding it is provided in fuch cafes, that the tenures are to reuiain as before the paffing of the ad. JUanor ofT. In the C A fpecial court-baron of the County of N, [^ right honourable the Earl of C, holden for the faid manor, on the fourth day of A/irilf one thoufanJ feven hundred and eighty-feven, by and before R. W, gentleman, deputy ftevvard, lawfully ap? pointed of and for R, B. Efq. chief fceward. Homage. (N. T. *' Whereas /. E. lately died feifed in fee of and in Admittance, clivers melTuages, lands, and tenements, holden of this "nciofu^r" ^to aa manor by copy of court-roll: and whereas by an a£l allotment, in r 1- ^ /7- I ■ I r t r 1 lieu of an old ot parliament palled in ihc twenty-iixth year of the f.^^^^^ reign of his prefent majefty, intituled, " An a6t for di- *' viding and inciofmg the lands and tenements in T, in " the county of A^," it is enacted, " that all mef- *' fuages, houfes, buildings, lands, or grounds, which ** fliould be allotted and awarded by virtue of the faid *' aft, to any perlbn or perlbns, for, or in lieu, or in *' refpeft of any meffuages, houfes, buildings, lands, or ** grounds, holden by copy of court-roll of this manor, *' or for or in refpeft of any right of common or fliack- *' age, appurtenant or appendant to any fuch copyhold, ** meffuages, tofts, or lands, fhouki from and after the " %nin^ the award, or inftrument, in th'=- A- J ■ '-''• r-en- ed. 2SO APPENDIX. " tioned, for ever be deemed copyhold, and fhould be " held as fuch, by and under the fame tenures, rents, *' payments, fine, cufloms and fervices, as the copyhold- *' lands and tenements rei'peiSlively, for, or in lieu, or *' in rel'pe(fl whereof fuch new allotments fhould be " made, were then held, and at the yearly rent of one " penny for every acre of land which fhould be fo al- *' lotted, in refpeft of any copyhold, common rights " houfes, or tofts; and that all and every perfon and " perfons entitled to any copyhold lands, and to whom, *' in rcfpeft thereof, any lands fhould be allotted, fliould *^ within twelve calendar months next after the execu- *' tion of the faid award, be admitted copyhold tenants *^ to the lands fo allotted to them." And whereas the commiifioncrs authorized to put the faid a£l into exe- cution, have by their award, dated the feventh day of February laft, allotted and declared, that the whole of the allotment No. 4, to /. E. of T. in the county of iV. gentleman, the only fon and heir of the faid /. E. de- ceafedj containing by furvey and admeafurement thirty- four acres, two roods, and feventeen perches, bounded by land, allotted to and N. T. refpe^^ively, nort/i; by land allotted to the faid N. T. caft, by the town firect; in part, by land allotted to the churchvvp.rdens and overfeers of T, and to the faid , refpe6\ively, in part Jouth ; and by land allotted to the churchwar- tlens and overfeers, and to the faid , refpcftively, -u'l?/?, fhould for ever thereafter be copyhold of the faid manor, in lieu of thirty-eight acres, two roods, and twenty perches of land, by computation, lately copyhold of the fame manor, belonging to the faid /. £". cleceafed, lying difperfed in the parifh and open fields of 7. aforefaid ; and that in refpeft of a copyhold pelluage and cottage, two acres and two roods, of land, part APPENDIX. 251 part of the faid allotment, No. 4, fhould for ever there- after be fubjeft and liable to an annual quit-rent of one penny an acre to the lord of tliis manor for the time being; the iiril payment thereof to be made on Old Afj-^ chaeluias day then next. Now to the faid court came /. £. the Ton, in his proper perfon, and humbly prayed of the lord to be admitted tenant to the meffuage and -cottage whereof the faid /. E, the father, died feifed, as his right and inheritance {viz.) to a mellijage, with, theappurtenances, m T. aforefaid, next the lord's drove- way ca/i^ lands of the faid /..£. -joej}, the lord's lands north, and the king's highway, called, the Town-ftrect, JoiHh', and alfo to a cott?ge abutting upon the faid highway towards the north^ the cottage of /. R. v:eji, and lands of the faid /. E. eaft v^ndfouth', and alio to the premiffes fo allotted and declared to be copyhold, in lieu of the copyhold lands, whereof his faid father died feifed ; and thereupon the lord of the faid manor, by the hands of his faid deputy {levvard, granted and delivered y^?/7« of all the aforefaid premiiTes, by the rod, to the faid /. E, the fon, to have and to hold the fame at the will of the lord, according to the cuilom of the faid manor, to fuch and the fame ufes, and for fuch and the fame eflates, and fubieiTt to fuch and the fame charges, and hy and under fuch and the fame ancient rents, cuftoms, duties, and fervices, and the additional annual quit-rent of one penny an acre, as the faid late copyhold premiffes Vvcre held ; and he gave to the lord for a fine, as by the rolls, and was admitted tenant ac- cordingly. And whereas the faid commiflioners, by their faid Another under award, allotted and declared that thirteen acres of land, part of the allotment. No. i. to N. T. of T. aforefaid, yeoman, and lying on the fcuih part thereof, to which allotaient 5!52 APPENDIX. allotment adjoins a copyhold melTuage of the faid N. T, fhould for ever thereafter be copyhold of this manor, in lieu of fifteen acres, one rood, and twenty perches of land, by computation, late copyhold of the faid manor, belonging to the faid A^. T, lying difperfed in theparifh and fields of T. aforefaid; and that in refpeft of the faid copyhold mcffuage, two acres and one rood of land, part of the faid thirteen acres, lliould for ever there- after be fub]e£t and liable to an annual quit-rent of one penny to the lord of the faid manor, the firft payment thereof to be made on Old Jllichaelmas Day then next. Now to this court came the faid N. T. in his proper pcrfon, and humbly prayed of the lord to be admitted tenant to the prcmilTes fo' allotted, and declared to be copyhold as aforefaid ; and thereupon the lord of the laid manor by his faid deputy fleward, granted yr/'/^H of the faid premiiTes to the faid N. T, by the rod, to have and to hold the fame at the will of the lord, according to the cuftom of the faid manor, to fuch and the fame \ifes, and for fuch and the fame eflates, and fubje£t to fuch and the fame charges, and by and under fuch and the fame ancient rents, cuftoms, duties, and fervices, and the faid additional annual quit-rent of one pennv an acre, as the faid late copyhold premises were held ; and he gave to the lord for a finej as by the rollSj an4 ^f:z% admitted tenant accordingly. Where APPENDIX. £J3 Where afTignees under a commiffion of bankruptcy fliould be admitted, it will be pro- per to infert the whole proceedings regularly, as in the following precedent : Manor ef S, in the county^ A fpecial court-baron, held of S. to zvit. J for X. Y. lord of the faid manor of S. on the twentv-eighth day of June^ in the fourteenth year of the reign of our fovereign lord George the Third, by the grace of God o{ Great Britain^ France, and Ireland, king, defender of the faith, and fo forth, and in the year of our Lord 1774, by/F". y4. gen- tleman, deputy fteward for this turn only, of/. A, Efq. ileward there. Homage ' * [.Sworn. G. C./ At this court the homage aforefaid, upon their oaths, Ac^mitKincc of prefented, that by indenture of bargain and fale, inrolled '''f 3%"'«*<*^ i ' -' t) 'a bankrupt in his Alajefty's high court of Chancery, bearing date under the bar* the tvventy-iirft day o{ Afay 1774, made, or mentioned from^theco^,- to be made, between E. F. Efq. F. 7V, and D. IV. gen- miirionejs. tiemen, of the one part ; and R. P. of the Cliffc, near Lewes, in the county of SuJJcx, gentleman ; PK R. of Rottingdean, in the fame county, gentleman ; and fV. S, of Kingfmere, in the fame county, gentleman, of the other part; reciting, that his Majefty's commiflion under the great fcal of Great Britain, grounded upon the feveral ftatutes miade and now in force concerniti^ bankrupts, bearing date at JFeJiminJier iho. twenty -fifiii. day of October, in the year of our Lord 1773, had been awarded and ilTued againft D. B. of R, aforefaid, mer- chant, dealer, and chapman, diied^ed to tlie faid E. F, F. IK »54 APPENDIX. P. fF. and D. JV. together with W. K. efq. and R,D, gentleman, thereby giving full power and authority to the laid commiffioners, three or four of them, to execute the fame ; and that t!ie faid commiffioners, parties to thefe prefents, having begun to put the faid commiffion in execution, upon due examination of witneffes, and good proof upon oath before them had and taken, had found that the faid D. B. for feveral years part, ufed or exercifed the trade or bufinefs of a merchant, dealer, and chapman, by buying and felling, and by exporting and importing divers kinds of goods, wares, and mer- chandizes; and did by fuch trade and bufinefs feek and endeavour to get his living as others of the fame bufi- nefs ufually did : and that he the faid 2). B. by reafon of fuch his trade and bufinefs, did become juftly and truly indebted, and Hill did owe and ftand indebted in the fum of three hundred pounds to /Fi R, (upon whofe petition the faid commiffion iffued) : and that he the faid D. B. being fo indebted in the judgment of the faid commifiioners, parties thereto (before the date and fuing forth of the faid commiffion) became a bank- rupt within the compafs and true intent and meaning of all or lome or one of the feveral ftatutcs made and now in force concerning bankrupts : and that the faid commiffioners, parties thereto, in further execu- tion of the faid commiffion, and purfuant to the direc- tions of an aft of parliament, made and paffi;d in the fifth year of the reign of his late Majefty King George the Second, entitled An A£t to prevent the com- mitting of frauds by bankrupts, having caufed notice to be given and pui)linicd in the London Gazette for a fitting under the faid commiflion, and for the creditors ot the faid D. U. to meet the eighth day of November jiow laft paft, at ten o'clock in the forenoon, arthe houfe A P P E N D I X. ass houfe of 7". S. called the IV/nte Hart Inn, in L. In di« faid county of S. to prove their debts, and clioofe affignees of the faid D. B.'*s eftate and cffcfis; they the faid commilTioners, parties thereto, met accordingly, and feveral of the creditors of the faid D. B. who be- fore that time, or then and there duly proved their debts under the laid commiflion, then and there alfo met and attended, purfuant to the faid notice : and the major part in value of the faid creditors who fo met, whofe debts exceeded the fum of ten pounds a piece, did then and there nominate, ele£l, appoint, and choofe the faid R. P. I'V. R. and /V, S. three of the creditors of the faid D, B. to be aflignees of the eftate and effe£ls of him the faid D. B. under the faid com.mifTion, and defired the major part of the faid commifjioners named, authorized in and by the faid commiflion, to make an affignment of his the faid D. BSs eRate and effects, to them the faid R, P, fV. R. and PF. S. accordingly; and direfted that the monies ariling by the faid D. B.^s ef- tate, Ihould be paid and depofited in the hands of the faid R, P. till a dividend be made thereof: and the faid commilTioners, parties thereto, had accordingly at the requeft of the faid R. P, IV, R. and IF. S. made an affignment of the faid D. B,^s perfonal eftaie : and alfo that the faid commiffioners, parties thereto, liad found that the faid D, B. at the time he became a bank- rupt, was feifed of all that copyhold, mefluage, or tene- ment, garden and premilTes thereunto belonging, lituate, lying and being in R, aforel'aid, and now or late in the tenure or occupation of the faid D. B. and holdcn of the manor of R, in the faid county of S. ; and alfo all that copyhold, melTuage or tenemenr, garden, ftable, two yard lands, and premifles thereunto belonging, fi»- tuate, lying and being in R, aforefaid, and new in the tenurr !i56 APPENDIX. tenure and occupation of TV. K. his under-tenants^ or ai^ figns, andholdcn of the manor of 5. in the faid county of 6".; and alfothe reverlion of all that copyhold meffuage, or tenement, garden, three yard lands, and premiffes thereunto belonging, fituate, lying, and being in R» aforefaid, and now in the tenure or occupation of the faid W, K, his under-tenants or affigns, expeftant upon the death of Af. the wife of J. B. of j^. atorefaid, gen- tleman, late M. M, widow, and holden of the manor of 5. aforefaid : and alfo the reverfion of all that lia- ble, and two pieces or parcels of ground near the vicar- age-houfe, in 11. aforefaid, expeflant upon the death of the faid Af. B. and holden of the faid manoi of R. : it was by the faid indenture of bargain and fale, witnefTcd, that the faid commiflioners, parties thereto, in further execution of the faid commiffion, and by force and vir- tue thereof, and of the feveral ftatutes therein mention- ed, and more efpecially of the faid a£l of parliament, made and pafl in the fifth year of the reign of his faid late majefly king George the Second ; and for and in coniideration of the fum of five Ihillings of lawful mo- ney of Great Britain, to them in hand well and truly- paid by the faid R. P. JV, R. and fV, S. at or before the fealing and delivery of thofe prefents, the receipt whereof is hereby acknowledged : and alfo, in confi- deration of the covenants and agreements therein con- tained, on the part and behalf of the faid R. P. IV. R* and JV. S. to be kept and performed, had, ordered, bar- gained, fold, and fet over and by thefe prefents (as much as in them lay, and they lawfully might) did order, bargain, fell, and fet over to the faid R. P. JV. R. and PV. S. all and fingular the faid mefluagcs or tenements, farms, lands, or hereditaments and eftate, as well free- kold as copyhold, whereof or wherein the faid Z>. B. then APPENDIX. 257 then was, or at, or fince the time he became a bank- rupt as aforcfaiJ, uas any ways feiled, poflefTccl of, or interefted in any cftate of inheritance, or for life or lives ; and all his cftate and intereft therein in poffef- lion, remainder, reverfion or expeftancy, to hold all and lingular the faid melTuages or tenements, farms, lands, hereditaments, and premilTes, with their and every of their appurtenances to the faid R. P. fV, R, and IV» S. their heirs an^! affigns, to the only proper life and behoof of them ihe laid R. P. fF. R. and PK S. their heirs and afligns for ever, or according to the faid D. B,\ right or intereft therein, fubjed; to fuch mortgage or mortgages, or other charges or in- cumbrances, if any fuch there be, as the fame are le- gally charged with, or liable to ; in truft, neverthelcfs, for the benefit and advantage of them the faid R. P. fV. R. and fV. S. and all and every other the creditors of the faid D. B. who already have come in and fought relief, or fhall in due time come in and feek relief by- virtue of the faid commiffion or any renewed comniii- fion againft the faid D. B. and duly prove and afcer- tain their feveral and refpeftive debts under the fame, according to the directions and limitations of the faid ftatutes. And as to the overplus (if any fhoukl be) after payment and fatisfaftion of all fuch debt or debts as fliould or might be proved under the faid commif- fion, or any renewed commiffion, againft the faiid D. B» and the charges of fuing forth and profecuting the fame in truft for the faid Z>. _B. his heirs and affigns, accord- ing to the faid ftatutes, and the true meaning thereof, and to and for no other ufe, truft, intent, or purpofe whatfoever. Now at this court, in their own proper perfonsj came the faid R. P. fV. R. and PF. S. and Iiumbly prayed' of the lord of the faid manor to be ad- S initte4 a58 APPENDIX. mitted tenants to the premifles; to which they are admitted accordino; to the form and efFeft of the faid indenture : to whom the lords of the faid manor of 5. by their faid deputy ftevvard, granted y^i/fn thereof by the rod, to have and to hold the faid premiffes, with the appurtenances, unto the faid R. F, W. R. and fV* S, their heirs and afligns for ever, by copy of court-roll, at the will of the iord> according to the cuftom of the faid manor, by the rents, cuftoms, and fervices therefore due and of right accuftomed ; and they were admitted te- nants thereof, in form aforefaid, and payeJ to the lord for a fine as by the court-rolls; and they were admitted tenants accordingly, and did their fealty for the fame. Man or APPENDIX.. 259 Afanor of S. In ike's A fpecial court-baron held for County of S. to zvit, ] X. Y. lord of the faid manor of S, on ihe twenty-eighth day of December, in the four- teenth year of the reign of our Sovereign Lord George the Third, by the Grace of God of Great Britain^ France, and Ireland, King, Defender of the Faith, and fo forth, and in the year of our Lord 1774, by IV. A, gentleman, deputy fteward for this turn only, of /. A. £f(j. llevvard there. *& '' G. C, j Homage, <-. r> r Sworn. At this court came R, P. fF. R. and fF. S, affignees Surrender by of the eftate and efFeds of Daniel B. late a cuflomary p^^c cf^the pre- tenant of this manor, appointed under and by virtue of miiies,to\vhich rhey were ad- a commiffion of bankrupt, and furrendered into the mitted at the hands of the lord of the faid manor, by the rod, by the ^^^^ '^''""• hands and acceptance of the deputy fteward aforei'aid, according to the cuftom of the laid manor, the reverfion of all that meffuage or tenement, garden, three yard lands, and premilTes thereunto belonging, iituate, lying and being at R. within this maaor, and now in the te- nure or occupation of f^F, K, his under-tenants or af- ligns, expeftant upon the eftate for life of AI. the wife of J, B. of R. aforefaid, gentleman, late M. M. wi- dow, to the ufe and behoof of M R. the wife of S. R, of R, aforefaid, gentleman, and her affigns, for and during the term of her natural life ; and from and im- mediately after her deccafe, to the ule and behoof of the faid S, R, and his heirs and affigns for ever. And the A-!mlttanceof faid M, R, being prefcnt in court, defired to be ad- ^^^ pjrchafcr. njitted to the faid reveriion, expectant as aforel^iid, of S 2 and 26o APPENDIX. and in the fald prem'ifles, according to the tenor of the faid furrender, to whom the lords of the faid manor, by the faid deputy ftev.ard, granted fe'ijin tliereof by the rod, to have and to hold the rcveriion aforefaid, with the appurtenances, unto the faid M» R. for and during the term of her natural life, when after the death of the faid A^I. B. it fliall happen, by copy of court-roils, at . the will of the lords, according to the cuftom of the faid manor, by and under the rents, cuftoms, and fer- vices therefore due and of right accuftomed; and fhe was admitted tenant thereof in form aforefaid, and gave to the lords for a fine, as by the rolls; but her fealty was relpited. ^Surrender of At this court came R. P. IV, R. and /F". S, affignees I eotierpart. ^^ ^^^ eflate and effects oi Daniel B. late a cuftomary tenant of this manor, appointed under a commifTion of bankrupt, and furrendered into the hands of the lords of this manor, by the rod, by the hands and acceptance of the faid deputy fbeward, according to the cuflom of the manor aforefaid, all that mefiuage or tenement, gar- den, fiable, two yard lands and premilTes, thereunto belonging, fituate in R, aforefaid, and to which they admitted at the laft court holden for this manor, to the ufe and behoof of R. R of R. aforefaid, fpinfler, her heirs and afiigns for ever. And the faid R. R. being then prefent in court, defireJ to be admitted tenant of the premises aforefaid ; to whom the lords of the ma- nor aforefaid, by iheir deputy fteward aforefaid, grant- Admittance of etl feijtn thereof by the rod, to have and to hold the pre- tlic purchafcr. ^^Iffts aforefaid, with the appurtenances, unto the faid it. R, her heirs and afiigns for ever, by copy oi court- roll, at the will of the lords, according to the cuftom of the faid manor, by and under the rents, fervices, and cuftoms tiicrcfore due and of right accuftomed ; and fne APPENDIX. 261 (he was admitted tenant, and paid a fine to the lords, as appears by the court-rolls, and did fealty for the fame accordingly. It may not be improper, in this place, to ob- l^rve generally on the language of copyhold conveyances, that the moft plain, ea(y, and fim- ple flyle that can be made ufe of, and as free as poffible from all technical expreffions, is in- finitely the befl:, at leaft with refped to the en- tries on the court-rolls j for fhey ought not to be confidered as regular and fyftematical deeds, drawn with the legal fkill of an able and expe- rienced conveyancer, but rather as the evidence and record of a<5ls that have taken place in court, vivci voce, and then minuted down. Under this idea it is that the entries here given are drawn, as beft agreeing with the fimplicity of the times, when conveyances of this defcription firfl had their origin. However, there may be a fair diftindion between what are confidered here as entries, and regular deeds or conveyances. Where copyhold property becomes the lubjed matter of a folemn deed, fuch deed will unquef- tionably be required to have all its due requi- fites and formalities. Fir 262 APPENDIX. For the difpatch of lufmefs^ arid tofave the time of the courts the entries as before given, are only taken down by thefieward^ hi the jollovoing con- c'lfe way^ called, The Mimite-Book to Copyholds of Inheritance. Mnnor of A.inthe') Court-leet and court-baron of County of B. J the Right Honourable the Earl of C. held at , the twenty-firll of Ja7tuary, one thou- fand feven hundred and ninety-four, before R, B. Efq* ilewarJ. Leet Jury fworn. Homage fworn, J. B. 1 N.0,-\ R. S. C. D. \ P. Q. •; T. T. E. F. ! R. S. ! G. H, G. H. r T. V. > I. K. i JV. X. I L.M.j Y. Z. J 5. F, fworn in conftable, and R. B. and S, M. third* boroughs for the year enfuing, A. B, fworn in hayward for the year enfuing. All the copyhold tenants amerced at fixpcnce, for not doing fuit. y, R. amerced for an encroachment on the vvafle, prefentcd at a former court, five fliillings, G y. amerced for digging and inclofing part of the common, if not laid open before the firfl oi December^ five (hillings, A. B. fined for inclofing ^e wafte, if not laid open before the firfl oi December next, five ihillings. CD. APPENDIX. 263 C D, amerced for the like offence, five fhiUingSi E, F, tenant of S. R^ amerced for digging ten perches, or thereabouts, of the wallej twenty fliilUngs» G. Hk amerced for the like offence, five fhillings, IV. S. for lopping two trees in mercyj three fhillings and four pence ; and L. J, for lopping two other trees, two fliillings and fixpence^ E, W. for depafluring the Wafle with fheep and other beafls, amerced twelve fhillings and fixpence. W, B. and C, jD. prefentcd for not doing fuit, though furnmoned. Prefented that a heriot is due to the lord, on the death of K, L. gentleman, for a certain clofe called C, belonging to a cuflomary tenement, late of the faid ir. L, deceafed. Prefentcd that A. B, a freeholder of this manor, of one meffiiage and five acres of land, with the appurte- nancesj in S. withift the faid manorj died fince the lafl court ; and that G. B, is his fon and heir. The death of T. G. Efquire, who held a mefTuage^ t^c. in feC) of this manor, prefented ; and order for the heir to do fealty. Prefented that /. J. fold to R. A. a mefTuage, l^c. which he held of this manor; and order made for faid R. A. to do fealty. A^ G, admitted to a freehold meflfuage, l=fc. whereof Relief 6j. 8* h'is 264 APPENDIX. his father T. G. lately died feifed, and paid for rc^ lief, &c. Prefcnted that /. C who held one mefTuage, &c. he* riotable, died feifed thereof, and that a heriot is due; and that J. B. an infant of the age of four years, is his fon and heir; and proclamation made for faid yf. C to be admitted. Prefentcd that /. K. who held to him and his heirs a cuftomary meffuage, life, died lince the lall court, and that E. K, and /. K. are his heirs; and proclamation made for faid next heirs to be admitted. The death of /. K. prefented, and proclamation for his next heir to be admitted tenant to all his hcredita- ments held of this manor. FinCj^io. The death of G. R. prefented, who held to him and his heirs one cuftomary melTuage, l^fc. and that G, JJ. is his fon and heir, and faid G. li, admitted to faid pre- miffes. Finc;^!!*. T. F. one of the heirs of T, T. and A. his wife, one of the daughters and co-heirefles of T. T, who held to him and his heirs one melTuage, isfc, admitted to faid premifles, after firft proclamation made at lail court. N. B. The fine for the admiffion fhoiild al- ways be put in the marginof the court- rolls and the minute-book ; and it is advifeable to put the annual rents in the margins, as it may ferve the more readily to point out the eftate. The APPENDIX. - 26^ The death of A. B. who held to him and his heirs Fine lol, one cottage, t^chj the yearly rent of two fliillings aiid Sixpence, prefentcd ; and that A. B. is his fon and heir, an infant of the age of fevcn years ; and faid A. B. ad- mitted, fealty refpited, and guardian affigned. Prefented that A, L. on the third of FehruaryU?i pad, p;^^ ^^^^ ^^ . furrendered into the hands of C. D. and C. H. two cuf- Q^>'t Rent tomary tenants, two cottages, ^c. to the ufe of y^. B. fon of fV, B, late of, iffc, deceafed, an infant of the age ■of ten years, his heirs and afhgns for ever; and which faid A. B. by C. D. his guardian, was admitted to faid prenraffes according to faid furrender, and fealty refpited. Prefented that A. P. who held to him and his heirs Fine io7. Q,. a certain cottage, died long before this court, and that ^' W, P. is his fon and next heir, of full age; and faid IV. P. admitted to hold to him and his heirs to the faid premiiTes. /. G. bailiff, returned that he had feifed the premiiFes which A. B. died feifed of, into the hands of the lord, as he was commanded at a former court. Prefented that A. B. died fince the lafl: court, feifed of a melTuage or tenement, ^c. leaving C. B. his \vi- ' dow ; and faid C. B. be admitted to her widow's eflate therein. Prefented that C. B. widow, was aV. of all that meffuage or cuftomary tenement, and feven acres of land, called B, otherwife D. lituate and being in D. within this manor, and the five acres of cuflomary land, to the melTuage apertaining, with all appurtenances, for fecuring the fum of 103I. 1 IS. 4d, with lawful interefl. Prefented that /. .S. having been admitted at a court, held on the day of , under a mortgage fur- render, made by JR. A. of all that cuftomary meffuage or tenement, with the appurtenances of him the laid jR. A. fituate, lying and being within and parcel of the faid manor, for fecuring 40I- and lawful intereft; and /\. A. having now paid faid fum of 40I. and in- tereft, and /. S. having acknowledged fatisfadion, /. 5. furrendered faid premiffes to the faid jR. A, his heirs, ^c. and faid R. A. readmitted. A. B. furrendered all that copyhold or cuftomary meffuage or tenement ; and alfo all that other copy- hold or cuftomary meffuage or tenement, lituate at — , within this manor ; and alfo three yard lands, vvith the appurtenances, lying at — — , within this ma- nor, U) the ufe of his will. Surrender 2;o APPENDIX. Snrrender to his will by JV. H. gentleman, taken out of court by D. T. and 1\. G. two cuflomary tenants, of all ihat his meffjage or tenement, and feven acres of cullomary land, Z:fc. preiented . jL B. tenant in polTcirion for life, and C. D. tenant in remainder, after the death, furrender, ^c. of the faid A. B. furrendered all that copyhold or cullomary mefluage or tenement, Ca'c, to the ufe of E. F. his heirs, f c. fine lol. ji, B. admitted for his life, and C. D. in fee, after the death, furrender, or forfeiture of A. B. to that copyhold or cullomary mefluage or tenement, and feven acres of arable land, fituate at , in the county of M — , and parcel of and within this manor. Fine II. Prefented, that T. T. Efq. lord of their manor, did. Rent IS. 6^, ,. . , i /- out or court, to wit, on the day oi , I794> admit A. B. of, ^c. to be one of the copyhold tenants of this manor, and which was in the words and figures following, ^c. Fine 7/. The death of C. D. the wife of J. B. prefented, and Rent I!. ^j,jj j^ 2. admitted as tenant by the courtcfy, for the term of his natural life, to al! that meffuage or tene- ment, and eight acres of land, with the appurtenances, iituate at — — , within this manor, Fine 5!.^ The death of J'. P. prefented, and IV. P. his next heir, and AT. his wife, admitted to a cottage and half an acre of cuftomary land, lying at , within this manor (late held by laid A. P.) for their lives and the^ Jieirs of faid IV. P. in fee, A,B, APPENDIX. jiyi A> B. by C: D. his attorney, furrendeved a meiruage or tenement and twenty acres oftuftoiiiary land, lituatc at, ^c. to the ule of E. F. in fee. A. B. by C. D. his attorney, admitted in fee to two Fine lo/. meffuages or tenements, and half yard land, fituate at " '^' ! , within this manor, formerly the eflate of D. Z>, gentleman, and which was furrendered by faid D, J), to faid J. B. at a former court. Licence granted to B. L, gentleman, to demife all his meffuages, ^c. within this manor, to any tenant, and for any number of years not exceeding twenty-one years. Licence granted to J. H. to commence any fuit or aflion, &'<:. againft R, S. and T. his wife, or their heirs, executors, adminiftrators, or afligns, concerning his copyhold eftates held of this manor, provided fuch fuit be commenced within one year after date of licence. S. B. furrendered all his right, title, and interell, Csi'r, of and in all that parcel of land, parcel of O. called the , iituate, &"<:. to the ufe and behoof of iV. A^. his brother (being in pofTeflion) in fee ; and thereof remifed and releafed tlie faid N. N. his heirs and afligns for ever, &c. A. B. furrendered into the proper hands of C, D, Efq. lord of this manor, all that his copyhold or cuf- tomary mefTuage or tenement, to the intent that the lord of the faid manor might do therewith his will; and remifed and releafed, ^r. unto the faid C. Z>. all the eftate, isfc. which he the faid A. B. then had or ever had, (s'f. of, into, or out of faid copyhold, meffuage. 2ft APPENDIX. ^. B, and C, his wife (the fald C, being fecretly ex- amined) furrendered all that mciRiage or tenement and premifles, fituate at , within this manor, called S. and alfo all that other meffuage, ^c. called T, C. alfo feventeen acre* of land to faid meffuage, isfc. belonging, which faid mcfTuafre or tenement called S. and T. and faid feventeen acres of land were hoklen at the yearly rent of ; that the faid meffuage or tenement, i£fc, called S. might be regranted to E. F. in fee ; and that the faid melfuagc or tenement, t^Sc. called T, and faid iTeventeen acres of land to G. H. yeoman in fee, at the fcveral yearly rents apportioned, that is to fay, the faid , £. jp, to pay for the faid meffuage, l^c» called S. the yearly rent of — ^ — ; and the faid G. H. to pay for the faid meffuage, is^c. called T. and faid feventeen acres of land, the ycarjy rent of — — j and faid E. F. and G. H. admitted accordingly. ji. B. exchanged with C. D. a meffuage or tenement and premiiles, called E. within this manor, which faid A. B. held in fee for a rneffuage or tenement and pre- jniffes, called F. within this manor, which faid C. Z>« held in fee ; and faid //. B. and C. D. feverally ad- mitted accordingly. ^ Court > A SCR VET of the Manor of A. in the Count}' of B. taten at a Court-Karon and Court of Sur\-ey, held for the fnid Manor of.-/, on the day of , before li. B. F. Efq. Steward of thefiiid Manor. . The Riglil tToitourablc (he Earlol iC. . J. P.T. Lfi. - R. R.R.LIq. . Ttaf^nicforolhiTlwd! - - • - . 1 he Rci-. (. D. Ckrk ■ ■ .- - c lord, on Ihc death {.f (he fl (lor and (lie admiiTton of (I ir ; and olfo. npon every a A, 13. Er^. - . n. !.. ri,i. - B. r r.cni. . R C. Wki.i* . B. I!. Yen.™ . C. C. Yeoman , D. D. Ytomsn rremilTL-s (hey hold. A men\ia»e and half vard land .A ui. If.i gr and yard ■neini-i.t and Cx res of I.511H " o acres of land o1i;.;;e and (wo miaje and one re and half alai'e and half an Heriol. Fines nilCon. SuU and Scrvi Lcafehold Tenants. PremilTcs (hey hold. I. A.B. F.fq. . J. C. D. Ef,]. . 3. E. F. Gem. . 4. G. H. Yeoman i. 1 K. Teom>n I!. I.. I. Yei T. N. O. Ve. 25(h March 17C 1(1 January 177! 2ilh Jnne 17fiO IftOrtobcrl-B 29Ih February aSlhnere.nber N. B. Unlr-js tlic nlioli! Mmior i> as. Uielaiullax.l-.uveurit-I.t ■atuhid. thevtliei iipwaiil*. iid'l li.''n^iis>e.scd to \ \T,J.c,l„^, 273.] J APPENDIX. 273 ji Court Baron and Court of Survey. This court of furvey having, as was before obferved, no peculiar jurifdidlion, maybe hekl with and for the court-leet, court-baron, or cuf- toiiiary court, and at any time, at the lord's pleafure; and mod ufually upon the entrance of of a new lord or a new fteward. Manor of A. in the^ THE court-baron and court of County of B. J furvey of JV, B. Efquire, lord of the faid manor, held there on the fourth day of Afay^ in the year of our Lord , and in the year of the reign of our Sovereign Lord George the Third, by the grace of God of Great Britain^ France, and Ireland^ King, Defender of the Faith, and fo forth, before G. f, gentleman, fteward there. A.B.^ P. Q.I a D. R. S. E. F. T. U. G. H. .Homage /. K. ; fworn. V. W. Homage y. X ffworn. L. M X z. N. 0. UP. R. T.J R. S. J At this court the faid homage being fworn, and charged upon their oaths touching the faid court-ba- ron, upon their oaths, prefent and fay, that the Right Honourable the Earl of L, J. P. T. Efquire, R. R. R. Efquire, the Rev. J. D. Clerk, J. P. S. Elquire, and y. y, yeoman, are free tenants, or free fuitors of the imd manor, who owe fuit to this court* T Th 274 APPENDIX. The fald homage alfo, upon their oath, prefent, that A. B. Efquire, G. L. Erquire, B. C. gentleman, R. C, widow, B. B. C. C. and D. D. yeomen, t£fc. are co- pyhold or cuilomary tenants of this manor: and the faid homage alfo, upon their oaths, prefent ; and that each of the faid feveral tenants making default in not appearing, and not effoigned, is in mercy. N. B. As the feveral tenants appear, they fliould be marked as appearing, thus ('* app.") over their refpeclive names j thofe who are ef- foigned, or for whom an exciife for their non- appearance is made, fliould iikewife be marked thus (" e(s."); and thofe who do not appear, be- ins to be fined for their non-attendance, fhould be recorded as not appearing, and fined accord- ingly. The deaths of tenants Pnould be next pre- fented, heriots and reliefs, and on whofe death due fhould then be prefented ; the feveral cuf» toms of the manor fiiould Iikewife be prefented. Prcrentment of The faid homage, on their oaths, prefent the cufloms the cuaums. ^^ jIjJ^ j^^j^qj. ^g fyiio^,.s . N. B. The peculiar cufloms of manors are fo very various, and many of them {o whimfical, that it is almoil impofliblc, as well as unnecef- fary, to give any precife or exadt form of them : but the following are fome of the moil ufual and general. APPENDIX. 275 F'trJ}, That a court-leet and court-haron onglit to be held within the faid manor, on Tuefday in Eajhr week, and alio on the Tuefday in the week of the Feaft of Savit ATichael. yearly. A''. B. Theic are the ftatutable times for holding: . prefent in court, the lord l)y Ills ftcv.ard aforefaid, granted /ff7?« of the faid pre- miii-jj., by the red, to havt and to hold the laid mef- fuage APPENDIX. 28^. j» fuage or tenement, and fix acres of land, with the ap- purtenances, unto the faid A. B. for the term of his na- tural life, and for the lives of the faid E. F. and G. H. fuccefiively, at the will of the lord, according to the cudom of the faid manor, by and under the yearly rents, dutie?, and fervices therefore due and of right accui- tomed ; for the grant whereof tlie faid A. U. gave to the lord for a fine, as appears by the court-rolls, and was admitted tenant thereto, and did his fealty for the fame accordingly. N. B. In this cafe ji/. B. is to be confidered as fole purchaler. At this court came J. B. a copyhold or cuftomary Surrenderby r 1 • 11,1 . • ( 1 r tl'- fii'ft ''f'^* ••* tenant of this manor, who holds to him for the term oi order to ex- his life, and the lives of C. 5. and E. F. a copyhold change a life. melTuage and half yard land, fituate at , within this manor, and furrendered into the hands of the lord, by the hands and acceptance of his faid fteward, the faid melTuage or tenement, and half yard land, with the ap- purtenances, to the inient that the lord might regrant the faid mefluage or tenement, and half yard land, with the appurtenances, to hold to him the faid A. B. fot the term of his natural life, and for the lives of G. B, aged ten years, and S. B. aged eight years, the two fons of the faid J. B. and for the life of the longer liver of them fucccilivcly, at the will of the loid, according to the cuflom of the faid manor ; to whom the lord, by hisHeward aforefaid, granted yri^?? of the faid premiifes, by the rod, to have and to hold the faid meffunge or te- nement, and half yard land, w ith the appurtenances, unto the faid J. B. for the term of his natural life, and the lives of the faid G, B, and S. B. his two fons fuc- celiivtly. a84 APPENDIX. ceflivcly, at the will of the lord, according to the cuP« torn of the- faid munor, by the yearly rents, duties, and fervices therefore due and of right accuflomed ; for the exchange and grant whereof the faid y^. B. gave to the Jord for a fine, as appears by the court-rolls, and did his fealty for the fame, and was admitted tenant thereof accordingly. It is always advifeable to infert the ages of young lives when they are put in, as it ferves to alTifl in identifying their perfons, when they come many years afterwards to be admitted; and this is a caution that ought always to be at- tended to ; ferious milchief having been occa- £oned, by its not having been obferved. Surrender on ^j- j]. jg court came ^. Jj. a copvhol J or cuflomary purchase for . ^ ■' . •' the iamc lives tenant of this manor, who holds to him for the term of asintliecopy. j^;^ j;jg^ ^^^j ^^^ y^.,^^ ^f ^^ j^ ^^j ^^ ^^ ^ certain co- pyhold or cufiomary meffuage or tenement, and nine acres of land, fituale at , within this manor, and furrendered by the rod into the hands of the lord, by the hands and acceptance of his faid lleward, all that the faid copyhold or cuftomary meffuage or tenement, and nine acres of lands, with the appurtenances aforefaid, t^ tlie intent that the lord mipht reffrant the fame to E. P. of, ^c. gentleman, to hold to him, for the lives of him the faid J. B. C. D. and E- F. fucceffivcly, at the will of the lord, according to the cuftom of the faid manor, by the yearly rents, duties, and fervices therefore due, aad of right accuflomed. JS. £. It fhould be obferved, that in the forms here APPENDIX. 285 bere given, the (irft life is the fole purchafcr, and having an abfolute dominion over the eftate; and the other hves being as his trultees merely, a furrender by the firfl life only is fufHcient ; but if all three lives have a beneficial intereft, fuc- ceflively, they muft all join in making a fur- render. At this court A. B. took of the lord the reverlion of a voluntarv all that meflua;ie or tenement and fix acres of land, grant ro one «« ° leverlion atrer iituate at , within this manor, after the death, fur^ the death of render, or forfeiture of the faid premiffes by C, D. and ji^j^^jjij-^ Ji, F. the lives now in the copy, to hold to him for the term of his natural life, from and after fuch death, fur- ^ render, or forfeiture aforefaid ; and the lord, by his fteward aforefaid, granted to the faid J. B.feijtn of the faid premllTcs, by thcrod, to have and to hold the faid iTieffuage or tenement, and fix acres of land, with the appurtenances, after the death, furrender,or forfeiture of the faid C. D. and E. F, unto the faid J. B. for and during the term of his natural life, by the rod, at the will of the lord, according to the cuftom of the faid rnanor, by the yearly rents, duties, and fervices there- fore due and of right accuftomed ; and the faid jf. B. was admitted tenant in reverfion accordingly ; but his fealty was refpited until hereafter. At this court the lord, by his fleward, for a valuable A new grant confideration, p;rantcd unto yf. i). all that mefiuace or "'^^'^ j'^^^tft^fe ' D ^ liHS rallt^n into tenement, fituate at , within this manor ; and which the hands of faid meiiliage or tenement was lately Iield by copy of court-roll of this manor, and lately fell into the hands of the lord upon the death of C. D. late a copyhold or cullomary tenant of this manorj the lafl cxifting life in the ?86 APPENDIX. the faid copy of court-roll, to hold to him the faid A B. for the term of his natural life, and for the lives of O. P. and P. O.y or fuch other lives as he fliall nop.i- nate to be eftated in the premiires^ and the life of the longer liver of them fucceflively ; to which the fa:d jl. B. the lord, by hisfteward aforefaid, granted feijin of the faid premifies, to have and to hold the faid mcfTuage or tenement and prem.fle?, with the appurtenances, unto the faid j4. B, for and during the term of his natural life, and the lives of the faid 0. P. and P. O. and fuch other lives as aforefaid, by the rod, at the will of the lord, according to the cuftom of the faid manor, by and ■under the yearly rents, duties, and fervices therefore due and of right accuftomed ; for the grant whereof the faid A. B. gave to the lord for a fme, as appears by the court-rolls, and did his fealty for the fame, and was admitted tenant thereto accordingly. Jklortgac^cor At tl'.is court came li. A. a copyhold or cuftomary Conditional fur- . .. r i • i i i j r ..i i i r ^l " ^ Tender 1 v the tenant ot ihis manor, who holds or the lord oi this raq- firft life for liis nor, for the term of his life and the lives of C. D. and other hves in ^'F, and the life of the longer liver of them fucceflively, the copy taken a cuflomary meffuage or tenement, and one acre of land, and as well for the faid C, D. and E. F. as for himlelf, furrcndered into the hands of the lord of the faid manor, by the rod, by the hands and acceptance of R. B. Efq. llew?rd there, according to the cuftom of the faid ma- nor, all that the faid cuftomary meffuage or tenement, with tlie cut-houfes, edifices, buildings, yards, barns, gardens, and one acre of cuftomary land (more or lefs) with all and fingulnr the appurtenances thereunto be- longing, as they are fituate, lying, and being near E. in the manor aforefaid, now in iht; tenure or occupation of P, y. or his afligns, to the intent that the lord migiit regrant the fame premiffes, to /. 5", of, *jfc, to hold to him, APPENDIX. 287 liim, his executors, adminlftrators, and afligns, for the term of the natural lives of the faid R. A. C. D. and E. F. and the life of the longer liver of them fuc- ceflively, at the will of the lord, according to the cuftom of the faid manor, provided always and upon this con- dition, that if the faid R. A. his heirs, executors, admi- niftrators or afTigns, fliould well and truly pay, or caufe to be paid, to the faid J. 5. his executors, adminiilra- tors or afligns, the full fum of forty pounds of good and lawful money of Great Britain, with lawful intereft for the fame, at or upon the fourteenth day of Ofloher, which will be in the year of our Lord, i^c. at the dwell- ing-houfe of the faid J» S. fituate in, Isfc. without any deduflion or abatement whatfoever, for or in refpeft of any taxes, rates, charges, afleffments, or impofitions whatfoever, — then the faid furrender to be void, or elfe to be and remain in full force and virtue. At this court it being found by the homage, that at At^mlfTlon of* . morr^agee, on the court held for the lord of this manor, on the breach of a day of , &c, R.A. a cuftomary or copyhold tenant render°"^^^"^ of this manor, who held to him for his life, and the lives of C, D, and E. F. all that cuftomary nif ffuage or tenement vvith the out-houfes, ediSccs, buildings, yards, barns, gardens, and one acre of cuftomary land, (more or lefs) with all and fingular the appurtenances thereunto belonging, fituate, lying, and being near j^. in the manor afoiefaid, then in the tenure or occupation of R. J. or his afligns ; and as well for himfelf as the faid C. D. and E. F. furrendered by the rod into th.c hands of the lord, by the hands and acceptance of R. B, Efq. fteward, all and fingular the faid premiffes, to the intent that the lord might regrant the fame premiffes to /. S". of, fsi'r. to hold to him, his cxecuton^, adminif- trators, and afligns, for the term of the natural lives of him 288 APPENDIX. him the faid R. A. and C. D. and E. F. and the life of the longer liver of them fucceffiyely, at the will of the lord, according to the cuftom of the faid manor, upon condition, neverthelefs, that if the faid R. A, his heirs, executors, or adminiftrators,. fliould well and truly pay the fum of forty pounds of lawful money of Great Britain^ with lawful intereft for the fame, to the faid J. S, his executors, adminiftrators or alligns, at or upon the fourteenth day of Odohcr, which would be in the year of our Lord, ^c. that thin the faid furrcnder fliould be void, but otherwile fl-ould remain in full force and virtue. And it was alio found by tt.e faid homage, that the faid fum of forty pounds, with the in- tereft thereof, was not paid or fatisfied according to the form and eifeft of the faid condition in the faid furren- der, and was then unpaid, as by the confcfhon and ac- knowledsiment of the faid R. A, then mai'.e in full court did appear ; whereby the eftate of the laid J. S. of and in the premilTes, for the term of the rt-fpedive lives of the faid R. A, C, D. and E. F. by virtue of the laid fur- render, became abfolute at law, and fubjeft only to re- demption in equity. Now therefore at the fame court came the faid y. S. in his proper perfon, and prayed of the lord to be admitted on breach of the faid condition, tenant to the faid prcmifi'es accordingly. To which faid J, S. then perfonally prefent in full court, the lord of the manor aforefaid, by his faid fteward, did grant thereof /f{/?;z by the rod, to have and to hold all that the faid cuftomary meiruagc, or tenement, with the out- houfes, edifices, buildings, yards, gardens, and one acre of cuftomary land, more or lefs, with all and lingular the appurtenances thereunto belonging, as they are fituate, lying and being near E. in the manor aforefaid, in tenure or occupation of Ji, S, or his afllgns, unto the faid APPENDIX. 289 fald y. S. his executors, adminiftrators, and afligns, for and during the term of the natural lives of the faid R, A, C. D, and E. F, and the life of the longer liver of them fucceflively, at the vvill of the lord, according to the cuftom of the faid manor, by the rents, duties, and fervices therefore due and of right accuftomed ; and he gave to the lord for a fine for fuch his eftate and entry in the premifles, as appears by the court-rolls of the faid manor, and did his fealty for the fame accord- ingly. And fo having every one his right, the faid y. S, was admitted tenant thereof in form aforefaid. And the faid R. A, afterwards, in his own proper ReleaTeofthe perfon.came into court, and in confideration of the fum j^^'^I;" 7'^ of forty pounds fo advanced, and lent to him by the the mortgagor, faid /. S. and alfo in confideration of the further fum of " /. to him this day paid in open court, by the faid y. S. for himfelf and the faid C. D. and E, F. remlfed, releafed, and for ever quit-claimed unto the faid /. S, his heirs, executors, adminiflrators, andafligns, all and all manner of right, equity, and benefit of redemptioHj claim, and demand whatfoever, either of him the faid i?. A. or the faid C. D. and E, F. of, into, or out of the faid premilTes, or any part or parcel thereof. At this court the homage prefent, that R. A. one of Morrgageor the cuflomarv tenants of this manor, who holds for the conditional fur- •' ^ render by the term of his natural life of the lord of this manor, a cuf- firft life, for his tomary melTuage and one acre of land, fince the lafl, °aken'ou't*of^ and before this court, to wit, on the thirteenth day of court by two ^, ., . , ^ II- 1 1 J tenants prefent- AjiriL, m the year, t^c. furrendered into the hands ^^ -^^ court. of the lord of the faid manor, by the hands and. accep- tance of y, V^ and y. C. two copyhold or cuflomary tenants of this manor, teflifying the fame accordin_o[ tf* the cuftom of the faid manor, all that the faid cuftomary mclTuage or tenement, with the out-houfes, edifice*, U buildings. a^ APPENDIX. buildings, yards, barns, gardens, and one acre of cus- tomary land (more or lefs) with all and lingular the appurtenances thereunto belonging, as they are lituate, lying, and being near E. in the manor aforefaid, now in the tenure or occupation of R. y. or his afligns, to the intent that the lord might regrant the fame pre- milTes to y, S, of, (^c» to hold to him^ his executors, ad- miniftrators, and affigns, for and during the term of the natural life of him the faid R. A: at the will of the lord, according to the cuftom of the faid manor. Provided always, and upon this condition, that if the faid R. A, his heirs, executors, adminiflrators, or afligns, fliould well and truly pay, or caufe to be paid to the faid J. S, his executors, adminiflrators, or afligns, the full fum of forty pounds of good and lawful money of Great Britain, with lawful intereft for the fame, on or upon the four- teenth day oiO^oher next enfuing, the faid furrcnder at the dwelling-houfe of the faid y. S. lituate in, (s^c. with- out any dedu£tion or abatement whatfocver for taxes or otherwife howfoever ; that then the faid furren- der fhould be void and of no eiFefV, but otherwife fhould remain in full force and virtue. In this inflance, the furrender Is by the firft life only, for his life ; the other lives having, as well as the firft life, a beneficial intereft in the eflate : but In the following inflance, where the cafe is otherwife, each lite having a beneficial Intereft, it is abfolutely necefTary for them all to join In making the fecurity. A mortgage or At this court the homage prefent, that S.B. a copy- render 'b\^tlucc ^^^^^ *^^ cuflomary tenant of this manor, and alfo A. B, and APPENDIX. 291 Shd C. D. two other cuftomary tenants of this mnnOr, Hves taken by who hold to them for the term of their refpeflive na- ^^^ ftcwarVl ovit tural lives fucccflively, of the lord of this manor, a °cmcd. ' ^''" cuftomary mefluagc and one croft of land lince the laft court, and before this court, to wit, on the — • — day, t^c. laft paft, came before J. S, gentleman, f^eward of the court of the faid manor at jC. and furrendered ac- cording to thecuftom of the faid nianor, into the hand's of the lord of the faid manOr, by the hands and accep>- tance of the faid fteward, all that mefluage or tene- ment, cuftomary and heriotable, with the appurtenances, called P. and feven crofts of land thefeurito belonging, whereof one is called E. another F. i^c. containing by eftimation in the whole, forty acres (more or lefs) fitu- ate at L. within the faiid rhanor, and now or late in the occupation of 5. and C. their under-tenants Or affignsjto the intent that the lord might regrant the fame to F.L^ widow ; to hold the fatfie to her the faid F. Z. widow, her executors, adminiftrators, or afligns, for and daring the term of the refpeftive natural lives of them the faid S, B. A, B. and C. D, fucceftively, at the will of the lord, according to thecuftom of the faid manor ^ pro- vided always, that if they tKe faid 5. B. A.B, afld C.I>, or either of them, their or either of their heirs, exe- cutors, adminiftrators, or afligns, fhould well and truly pay, or caufe to be paid, to the faid F, L. her execut- ors, adminiftrators, or afTigns, the furh of 127I, 4s. of lawful money of Great Bntain^ with lavv'ful intercft for the fame, at or upon the twelfth day of ^oveinber^ which will be in the year of our Lord, Ss'c. without any dedu£lion or abatement whatfocver, for or in reipe£l of any taxes, rates, charges, afl'cirmenis, or impofitions whatfocver, then the faid furrender to be void, or t\{^ to remain in full force and virtue. Ua Kx 292 APPENDIX. Acknowlec^f^- At this court it was found by the faid homage, that nientoffaus- at the court held for the lord of this manor, on the day, yc, S. B. A. B. and C. D. three cuftomary tenants of this manor, furrendered into the hands of the lord, by the lod, by the hands and acceptance of the fleward, all that mefluage or tenement, cuftomary and heriotable, with the appurtenances, called P. and feven crofts of land thereunto belonging, whereof one is called B. another F.^ ^c. containing by eftimation in the whole, forty acres (more or lefs) lituate at L, within this manor, and then or late in the occupation of S. and G. to the intent that the lord might regrant the fame premlffes to F. L. of , widow, to hold to her for and during the term of the natural lives of them the faid S, B. A. B. and C, D. upon condition, never- thelefs, that if they the faid S. B. A. B. and C. D, or either of them, their, or either of their heirs, executors, adminiftrators, or afligns, fhould pay or caufe to be paid, to the faid F. L. her executors, adminiftiators, or afligns, the full fum of 127I. 4s. together with lawful intereft for the fame, upon the twenty-fourth day of Afiiily which fhould be in the year of our Lord, G/r, .then the faid furrender fhould be void, otherwife to remain in full force and efFeft. Now at this faid court came the faid F. L, in her proper perfon, and acknow- ledged to have received full fatisfa£lion and payment of the faid fum of 127I. 4s. and all intereft for the fame, according to the form and cfFc6t of the condition of the faid furrender: and thereof, and therefrom, did then and there releafe, acquit, exonsrate and difchargc the faid S. B, A. B, and C. D. and every of them, their, and every of their executors, adminiftrators, and aiiigns for ever. At APPENDIX. 293 At this court, it being prefented by the homage, that Refurrender at the court held for the lord of this manor on the — — easee to mort- day of , R. A. a copyhold or cuftomary tenant of gag^r, mort- 1 • 1 1 1 1 r 1 1 1 r 1 • 1 • gag'^^ having this manor, who held or the lord or this manor to him been admitted. for the term of his natural life, and the lives of C, D. and E. F. a cuftomary meffuage, with the appurtenan- ces in — «— , witiiin this manor, and in open court fur- rendered in^o the hands of the lord, by the rod, by the hands i\n(\ acceptance of R. F, efq. llevsard, all that the faid cuftomary melTuage or tenement, with the appur- tenances of him the faid R. A, fituate, lying, and bein^J at , within, and parcel of the faid manor, to the in- tent that the lord might rcgrant the fame premiffcs to /. before R. B. Efquire, fleward, J, B.^ C, D. 'Homage fworn. E. F. J For proclamations at opening court^ fwearing officers, nnd for general prefentments cf the ho- mage, See the Minute Book for Copyholds of Inhe- ritance y as they will of courfe be nearly, if not quite the fame. Prefented that /. C, who held for the term of his ^^^'"''^^ life, and the lives of A, B. and C. D, Ifc, one mef- fuage, ^c, died feifed thereof: a heriot due, and that faid A,B.\% the next life. Proclamation made for faid A. B, to be admitted; but he mv^de default, A. B. the next life after C. D. whofe death was this Finer 10. day prefented, admitted to a mefTuage or tenement, lituate, ^c. for his life, and the life of £. i^. the re- maining life, and furrender by faid A. B, and E. F. of faid premiffes, to the intent that they might be regrant- cd to the faid A. B. E. F. and G. H, of, ^c, yeoman, for their lives, and the life of the longer liver of them ; faid A. B, admitted accordingly, and paid fine. C. B, widow of S. S. who held for his life, and the lives of X, Y. and Y, Z. and the life of the lonsfer liver fucceflively, one melTuage, fe'f. admitted to faid premifTcs for the term of her widow's eflate therein. The Fmc ^. 9. 298 APPENDIX. The death of C. JD. being prefented, A. B. whct held for his life, and the lives of faid C, D, and E. F. a certain eopyhold melTuagc, i2fc. furrendercd faid preiiiilTcs, to the intent the fame might be regranted to faid A B. for his life, and for the lives of the faid JE, F. and G, H. of, &"<:. yeoman ; and faid A, B. a^" mitted accordingly, and paid fine* ^. B. who hqld for his life, and the lives of C. D. and E, F. a copyhold melTuage, ^c, furrendercd faid premifl'es, to the intent the fame might be regranted to faid Jl. B. for his life and the lives of G, B, atjed ten year':, and 5. B. aged eight years, the two fons of the faid /o„pg, 30..] 3 274 APPENDIX. Form of a Suit Roll, or List of thefeveral lenatits of a Manor' A LIST of the feveral Tenants who owe Suit and Service to the Court-leet, Court-baron, and other Courts of S. T. Efq. Lord of the Manor of ^. in ihe county of B. R. B. gentleman fteward. Manor of A hi the county of B. ] Freeholders of the Manor Qui: Rent. 1. 5. c!. The Right Hon. the Earl of C, c lo C. D. Efq — o S o E. F. Gentleman. — 07c T. N. Gentleman. — 02c R. G. Yeoman. — 013 R. P. Yeoman. — 021 Copyholders of the Manor. Quit Rents. A. B. Efo. — 2 8 C. D. Esq. — — I 6 R. F Gentleman . — r 3 T.N. Clerk — . — 2 2 R. B. Gentl'-man . — r 6 T. M. Widow — i — 7 R. V. Gentleman — I 2 T.C. Gentleman — I 2 Lcafehold jrs. Annual Rents. 1. s. d. R. S. Efq. — _ 2^ & T. U. — — . 30 W. Y. — — 45 R. S. Gentleman — 20 Appeared 1794. App. A|.p. App. App. App. App. App. App. Effoigned 1794 Efs. Efs. Efs. Efs. .Appeared 1795- EfToigncd. 1995. Efs. t I This Suit Roll, or Lift, may !^e, and generally is nnde, out for a Bumher of years, and Ihoukl be drawn out wide enough to make any alteration in the names A P P £ N t) I X* u4 Court Baron and Coilrt of Survey Manor of A. in the "| THE court-baron, and court I, County of B. J of furvey of W, B. Efqulrcj lord of the faid manor, held there on the fourth day of May, in the year of out Lord — - — , arid in the year of the reign of our Sovereign Lord George the Third, by the grace of God of the united kingdoms o^ Great Britain and /rf/<7WjKing,Defender of the Faith, and fo forth, before G. y. gentleman, fteward there» A.B ■] P.Q. - c.n 1 R. S. E,F. \ T. U. G. H. V Homage V. w. Homage /. K. ( fworn K. Y. > fworn L.M. I X. Z. 1 N.Oi M. P. J^, T. J R, i'. j At this court the faid homage being fworn, and charged upon their oaths, touching the faid court-ba- ton, upon their oaths prefent and fay, that the Righj Honourable the Earl of L. J. P. T. efquifc, &"<:. ^c- are free tenants, or free fuJtors of the faid manor, who owe fuit to this court. The faid homage alfo upon their oaths prefent, that T. K. 7. //. Ciff. t^c. ^c. arc copyhold or cuftomary tenants of this manor, and that S. T. widow, hold* for Iicr widow's estate, and R^ S. executor of 1. S. for his cxeculor's year. And the faid homage alfo, upon their oaths, piefent, that each of the faid fevcral tenants making default, 'tu. 'lot appearing and not cftbigned, is in mercy. iV. B APPENDIX. ^^ K. B. The feveral tenants appearing fliould be marked as appearing, i^c. as bsfc^re ; — and the deaths of tenants, heriots, and re- liefs due, Ihould be pn fentcd as before j alfo the feveral cuftoms of the manor. The faid homage, on their oaths, prefent the cuf- Prefcnrment toms or this manor as follow, of the feveral afts, is to be drawn from the very words \vhich in them all are uniformly the fame) that they are in the disjun£\ive ; every fur- render or admittance, confidering whatever was to be the evidence of the title of the eftate, Tnould pay that duty. Whereas^ had it been otherwife, and the inten- tion of the legiilature to have put a llamp on every diftinft aft, fuch as the furrender, the prefentment, and the admittance, the language of the afts would have been fo framed. But fmall copyhold efiates mufl foon have been annihilated, as the flamps would come well TiCPr the value. The ohjeft therefore of the lad acV, was clearly to prevent putting feveral fmall copies into one, to avoid the ftamp-dutics. A copy of this a6l is given in the Appendix. Prccedenls APPENDIX. 315 Frecedenis of the various Infinimenis hi tifc m holding Courts ; and fome Precedents of Deedsy particularly relating to Copxhold E/lates. jippointment by a Lord of a Steivard to keep Courts* Know all men by tbefe prcfents, that I, TV. A. of — — , in the county of , Efquiie, lord of the ma- nors of iV. 0. and P. in the counties of H. and S. con- fiding in the known integrity and abilities of G. S. of — — , in the county of , gentleman, have made, deputed, conflituted, and appointed, and by thcfe pre- sents do make, depute, conftitute, and appoint him the faid G. S. to be my fteward of all my manors, lordfhips, and hereditaments in the faid counties of U. and 6'. giving and hereby granting untohini the faid G. 6\ and to his lufiicient deputy or deputies in that belialf, to be by him made and appointed, and to each and every of them, full power and authority to hold and keep all and fingular my courts-leet, views of frankpledge, courts-baron, nd cuftomary and other courts, within the limits and prccin£ls of my rcrpe£\ive manors, in the faid counties of H. and S. and to do, perform, and exe- cute all things belonging to and requifite and incum- bent upon the office of a fleward, during my will and pleafure. In witnefs whereof I have to this my ap- pointment fet my hand and fcal the — — - day of . 31& A P P E N D I X. A General Deputation from a Steivard to a Depity. To all to whom thefe prefents fliall come, I, G. y. cf , in the county of , gentleman, fend greet- iniz. Whereas JV. A, of , in the county of » Efquire, hath lately deputed, conftituted, and appointed me the faid G. J. to be his fteward of all and fingalar his manors, lordfliips, and hereditaments, in the counties of H. and S. and hath given and granted unto me the faid G. J. and to my fufficient deputy and deputies, to be bv me in that behalf made and appointed, and to each and every of them, full power and authority to hold and keep all and lingular his courts-leet, views of frankpledge, courts-baron, and cuftomary and other courts within the limits and precin£\s of his re- fpe£tive manors, in the faid counties of H. and i'. Now know ye, that I, the faid G. J. for divers good caufes and confideratioos, by virtue of the power and authority given me by the faid fV. A. Efquire, have - conftituted and appointed, and by thel'e prefents do con- llitute and appoint IV. P. of , in the county of , J gentleman, my deputy fteward, to do, perform, and execute the faid office in my ftead and place, in all things, as cfFc£lually as if I my felf were perfonally pre- fent at the doing thereof, he, the faid PF. P, duly ac- counting to me for all fines, heriots, and profits of the iaid courts, and alfo for all fees and jiciquifites from the fame, when he (hall by me be required fo to do. In witncfs whereof I have hereunto fet my hand and leal the day of — — . J Depi' APPENDIX. 317 A Deputation from a Steward to a Deputy ^ for the f fecial Purpofe of Jwldlng a Court to admit an Heir at La-w on the Death of his ylncejior, and afterwards to lake a Conditional Surrender. To all to whom thefe prefents fhall come, isic, I, G. y. of , in the county of , gentleman, fend greeting. Whereas /f^. ^. of , in the county of , Efcjuire, hath lately deputed, conflituted, and appointed me the faid G. f. to be his fteward of all and lingular his manors, meffuages, lordfhips, and he- reditaments, in the counties of H. and S. and hath given and granted unto me the faid G. J. and to my fufficient deputy and deputies in that behalf, and to each and every of them, full power and authority to keep and hold all and fingular his courts-leet, views of frankpledge, courts-baron, and cuftomary and other courts, within the limits and precin£ls of his refpedivc manors. Now I, the faid G. J. for divers good caufes and confiderations, have conllituted and appointed, and by thefe prefents do conftitute and a])point IF. P. of , in the county of , gentleman, my deputy fleward, to hold and keep a fpecial court for the manor of 0. O. in the county of H. on the day of , or on fome day before the day of next enfuing the date hereof, and then and there, as my faid deputy fteward, to admit G. T. (cldeft fon and heir at law of G. T. the Elder, deceafcd, late a copyhold or cuftomary tenant of the faid manor) tenant to all nnd lingular the premliTes of which the faid G.T. the Elder died feifed ; that is to fay, to one meffuage or tenement, and feven acres of land, lying in the field, within the 3i3 APPENDIX. the manor of O. O. aforefaid ; and alfo to one other meffuage or tenement, and tvventy-feven acres of land, lying in field, within the manor aforefaid, to hold to him, his heirs and afligns for ever, at the will of the lord, according to the cuflom of the laid manor; and im- mediately after his laid admiflion, to accept and take from the laid G. T. a furrender by the rod, of all and fmgular the faid premifTes, to the ufe and behoof of S. .S". his htirs and affignsf or ever ; but with a condi- tion that the faid furrender (hall be void on payment by the faid G. T. to the faid S. S. his executor-^, admi- riflrators, or afligns, of the fum of^ , and intereft for the fame, a^ter the rate of ^. — /ler cent, per annuniy on the day of next cnfuing ; and further to do and ex-ecute the faid office in my fiead and place, as far as I have here conflituted and deputed him, the faid IV. P. my deputy as aforefaid, in all things as fully and effeftually, as if I myfeU were peribnally prefent at the doing thereof; the faid fV. P. duly accounting to me for all heriots, fines, fees, and perquifites that Ihall be due and received by him for the purpofcs aforelaid. In witnefs whereof I have hereunto let my hand and feal this day of ^-Z Depufaiionjroni a Steward to a Deputy^ to hold a Special Court, and take a Surrender to the iifc of a IVUL I'o all to whom thcfe prcfents flmll come, I, G. J. cf , in the county of .gentleman, fend greeting. V\'hercas JV. A. of , in the county of . , Efq. hath APPENDIX. hath lately deputed, conftituted, and appointed me, the faid G. y. to be his Reward of all and lingular his ma- nors, meifuages, lordfliips, and hereditaments, in tlie counties of H. and S. and hath given and granted unto me, the faid G. J. and to my fufficient deputy and depu- ties in that behalf, and to each and every of them, full power and authority to keep and hold all and fin- gular his courts-leet, views of frankpledge, courts^ baron, and cuftomary and other courts, within the limits and precincts of his refpedive manors ; now I, the faid G. J. for divers good caufcs and confiderations, have conftituted and appointed, and by thcfe prefents do conflitute and appoint W. P. of , in the county of , gentleman, my deputy lleward, to hold and to keep a fpecial court for the manor of 0. 0. in the county of H. on the day of -, or on fome day before the day of next enfuing in the date hereof, and then and there to accept and take of G. T. a copyhold or cuftomary tenant of the faid manor, a Turrender by the rod, of all and lingular his copyhold or cuftomary lands, tenements, and hereditaments with- in, and held of the faid manor, to fuch ufes, trulls, ia- tents and purpofes, as the faid G. T. fhall in and by his laft will and teftamcnt, already made, or hereafter to be made, fhall direfl, give, limit, or appoint the lame, and further do and execute the faid office in my Head and place, as efte£\ua!ly as if I were then perfon- filly prefent. In witncfs Vv'hereof I have hcrcuuro fet mv hand and feal the — — day of . 3»^ Deputation 520 APPENDIX. Depufatiofi from a Steivard to a Deputy^ to admit a Tenant of a Copyhold for Life^ on the Death of the Firjl Llfe^ and putting in a FrcJJi Lije» To ali to whom thefe prefents fliall come, I, G. J, of , in the county of , gentleman, fend greet- ing. Whereas fV. A, of , in tlie coimty of , Elq. hath lately deputed, conflituted, and appointed me, the faid G. J. to be his fteward ot all and iinjTular his manors, mcfluagcs, lordfliips, and hereditaments in the counties of H. and -S'. and halh given and granted \into mc the faid G, J. and to my fufficient deputy and deputies in that behalf, and to each and every of them, full power and authority to keep and hold all and lingular his courts-Icet, views of frankpledge, courts- baron, and cuftomary and other courts within the limits and piecinflsof his refpedive manors. Now 1, the faid G, y. for divers good caufes and confiderations, have conitituted and appointed, and by thefe prefents do conftiture and appoint, IV P. of , in the county of , genilcman, my deputy ftevvard, to hold and keep a fpecial court for the manor of 0. O. in the county of //. on the day of , or on ibme day before the — — day of next enfuing the date hereof, for the purpol'e of admitting A.B. the life next in fuccelfion, after the death of C. D. vvliofe death was prefcnted at a court, held for this manor, on the day of — — lall )>aft:, tenant to all that copyhold mciluagc or tene- ment, lituate at , within the manor aforefaid ; to bold U) him for the tei'm of hi* life, and the life of E.F. and the life of the longer liver of them fuccefiively, at the will of the lord, according to the cuftom of the faid APPENDIX.- 3« fald manor, and immediarely afterwards at the fame court, to accept and take of ami from the lai' ^ 5.a fur- render by the rod, of all and fingular the fiid preinifTes, to the Intent and purpofe that the lord of the (aid manor may regrant the fame premilTes to the laid A. B. for (he term of his life, and for the lives of the faid E F j-.d G. H, Ton of the faid A. B. aged — — years, or SfVe- abouls, and the life of the longer liver of ilif-m iuc= ceffively, and afterwards to admit the faid A, ^. oii fuch regrant of the lord ; and further to do and execute the faid office in my ftead and place, as far a? I have here conftituted and deputed him the faid I^V. P. my deputy aforefaid, in all things, as fully and efFe(3ually ats I myfelf were perfonally prefent at the doing there- of, he the faid 0^. P. duly accounting to m.e for all heriots, fines, fees, and perquifites that fhall be due and received by him for the purpofes aforefaid. In witnefs whereof I have hereunto fet my hand and feal this — — - day of '. Deputation from a Steward to a Depnty^ to admit a Tenant of a Copyhold for Life^on exchanging Tzvo Lives . To all to whom thefe prefents fhall come^ I, G. J. of , in the county of , gentleman, fend greeting* Whereas PV. A. of — ^ — , in the county of , Efq. hath lately deputed, conftituted, and appointed me, the faid G. J. to be his fteward of all and fingular his ma- nors, meffuages, lordfhips, and hereditaments in the counties of i/. and 5^. and hath given and granted unto Y me. 322 APPENDIX. mc, the faid G. J. and to my fufficient deputy and de- puties in that behalf, and to each and every of them, full power and authority to keep and hold all and fin* gular his courts-leet, views of frankpledge, courts- baron, and cuftoniary and other courts within the limits and precln61s of his rerpe APPENDIX. flltute, anci appoint G. J. of isfc. gentleman, my true and lawful attorney, for me and in my name, and to my ufe, to demand and receive oi C D. the fum of , for one year's rent due to me at , for all that my melTuage or tenement, fituate at ; and on re- ceipt thereof, to give a fufficient difcharge for the fame ; and in default of payment thereof, for me, and in my name, to enter into and upon, and take poffeflion of the faid meffuage or tenement, and premiffes, and to detain and keep fuch poiTeflion for my uie ; and what- fover my faid attorney Ihall do in the premiiies, I do hereby ratify and coniirm. In vvitnefs, ^c. Depiitdlion of a Gameleeper, To all to whom thefe prefent'^ Oiall come, fV. A^ of 1——, in the county of , Efq. lord of the manor of B. in the faid county of , fends greeting. Know ye that I, the faid W, A. for divers good caufes and con- liderations, have made, nominated, deputed, and ap- pointed, and by thcfe prefents do make, nominate, de- pute, and appoint /. T. of , in the faid county of ■, my lawful gamekeeper of and for my faid manor of , to look after, take care, and preferve the game there; and do allow hun, in my name, to hunt, hawk, fifh, and foul within my faid manor, and the demefncs thereof, and places thereto belonging, from time to time, during my free will and pleafure; ar.d alfo to take, feize, and dcftroy all unlawful dogs, nets, guns, and engines, ufed for the dePiru£\ion of the game; and to do all other things belonging to the office of a gamekeeper, APPENDIX. 333 gamekeeper, according to the feveral a£\- of parlia- ment now in force, and in that cafe made and provided. In witnefs, ^c. N. B This depuration mu ft be enrolled with the cleric of the peace for the county in which the manor lies. IVarratit hy the Lord to the Ba'iTi-ff, to affign Tini" her for Repairs. r -r^ '\ J. B. z copyhold, or cuftomary Manor of B, } r u- • n j / J tenant of this manor, is allowed the timber trees now (landing and growing in and upon his farm and lands, at L. within the manor aforefaid, being marked with the letters X. Y. Z. and the fame to be had and taken by aflignment, for and towards the re- pairing of his meffuage, or tenement, and barn; there to be fairly ufed and employed, and not otherwife. Given under my hand this day of , one thou- fand feven hundred and ninety-four. ToJ.H.Bailifoft/ie R. S. /aid Manor » Lord of the /aid Manor, Letter of j-ittoryiey to fur render Copyholds, Know all men by thefe prefents, that T, S. S. of——, in the county of — .— , Efq. a cuftomary tenant of the manor APPENDIX. tnanor of , in the county ot , have made, or- dained, conftituted, and appointed, and by thefe prclent* do make, ordain, conftitute, and appoint -'f. B, of , in the lame county, gentleman, and C D. of , in the fame county, gentleman, liiy true and lawful attorney and attornies, iointly or feveraily for me, the faid S. S. and, in my nanie and ftead, to furrender into the hands of the lord or lords of the faid manor of , according to the cuflom of the- fame manor, either by the hands and acceptance of the fteward of the faid manor, or by the hands and acceptance of two of the copyhold or cullomary tenants of the faid manor of^ , all that copyhold, or cuf- tomary raeflTuage, or tenement ; and alio, all that one yard land, with the appurtenances, lying and being in , in the parifli of , heretofore ihe lands of . , gentleman, and afterwards of — — , gentleman; being parcel of and within, and aUb held of the lame manor by the yearly rent of twenty fliillings : and alfo all that one third part of two meffaages, and of two half yard lands, with their appurtcnanc,es; and alfo all and lingular my other copyhold, or cullomary melTiiages, lands, tenements, and hereditaments what- foever, lituate, lying, and being within and belonging tc, and held of the fame manor, with their and every of their appurtenances; and all my eftate, right, and Jntereft therein, unto and to the ufe of T. T. of , in the county of , his heirs and afligns forever, at the will of the lord or lords, according to the cuftom of the faid manor; and for me, the faid 6'. i'. and in my name, to do and execute all and ever) aft and thing, a£ts and thing<^, needful and requllite for the making fuch furrender as aforcfaid ; and alfo for the procuring of him, the faid T, T. and his heirs or afligns, to be admitted to all and lingular the faid copyhold premifTes accordingly. APPENDIX. 335 accordingly, as fully and efFc£lually to al! intents and purpofes as if I, the faid S. S. were myftlf perronally prefent; hereby ratifying and confirming all and what- foever my faid attorney or attornies fhall lawfully do, or caufe to be done, in or about the premifTes, by virtu&of thefe prefents. In witnefs, bfc. Leller of y^ Homey to he admitted. To all to whom thefe prefents fliall come, A. B. of — — , in the county of , fends greeting. Know ye, that 1, the faid A. B, for divers good caufes and confider- ations, have made, ordained, conftituted, and appointed, and by thefe prefents do make, ordain, conflitute, and appoint C. D. of , in the county of —.■ — , gentle- man, my true and lawful attorney, for me, and in my place and flead, to appear at the next, or any fubfe- quent general or fpecial court-baron, to be holden in and for the manor of , in the county of ; and for me, the laid J. B, and in my name, place, and Head, to be admitted tenant on the furrender of S. S. taken in open court, at the general court of the faid manor of , holden at , in and for the faid manor, on the day of laft paft, of all that melTuage, or tenement, and twenty acres of land and premilTes, with the appurtenances, lituate at , with- in the faid manor, to hold to me, the faid yf, B. and to my heirs and afligns for ever, at the will of the lord, according to the cuftom of the faid manor ; and gene- rally for me, the faid J. B, and in my name to do, and caufe tolc donc^ all and ev^ry ads and things that may A P P E N D I 5C* thay te nccefTary in the premiffes aforefaicJ, herehf giving to my faid attorney fall power and authority herein ; and I do hereby ratify, confirm, and allow all and whatfocver my laid attorney fhall lawfully do, or caufe to be done, in and about the premises aforefaicf^ as fully and efFeftually, to all intents and purpofes, as if I, the faid y^. B. was myfelf there perfonally prefent and did the fame. In witnefs whereof, I, the faid ^. J5. have hereunto fet fny hand and feal this » day of — ' — , 1794. u4hjblute Surrender out of Court to the Lord in Ferjon* Manor of L. tn the "| Be it I'ememBcred, that oft County of N. / the day of — — , /^. B. a copyhold or cuftomary tenant of this manor, in his proper perfon, cnme before C. D. of-^ — — , Efq. lord of the faid manor of /-. at the manfion-houfe of the faid C. D. and furrendered by the rod, into the proper- hands of the faid C. D. all that his copyhold, or cuf- tomary meffuage or tenement, and twenty acres of land, fituate at , within and parcel of this manor, to the intent that the faid C, D, lord of the faid manor^ jTiVght do therewith his will. CD, Lord of the J aid Manor of L, Jbfohite APPENDIX. 357 Ahfolule Surrender to ihe Steward out of Court. Manor of L. In the T Be it remembered, that on the County of N. S day of , ^. B. a co- pyhold, or cuftomary tenant of this manor, in his pro- per perfon, came before F, H. fleward of the faid ma- nor, at the houle of the faid F, H» fituate at , iii the county of , and according to the cuftom of the faid manor of L. furrendered into the hands of the lord, by the rod, by the hands and acceptance of the faid F. H. fleward as aforefaid, all that his copyhold, or cuHomary meffuage, and lix acres of land, fituate at < , within this manor, to the intent that the lord of the faid manor might do therewith his will. F.H. Steivard of the faid A'lanor of L, Surrender cut of Court, taken hy two Copyhold Tenants to the Ufe of a IFdL Afanor of A. hi the ^ Be it remembered, that on the County of B, J — — day ot , A, B. a copy- hold, or cuftomary tenant of this manor, in his proper perfon, came before G, H, and /. K. two other copy- liold, or cuftomary tenants of the faid manor, according to the cuftom of the faid manor, at the houfe of JH, N. called or kno'.vn by the name or fign of , fituate at , within the faid manor, and furrendered into the hands of the lord, by the rod, by the hands and accept- Z ance 338 ' APPEND I X. ince of the faid G. H. and /. K, teftlfying the fame, according to the cuftom of the faid manor, all and lin- gular his copyhold, or cuftomary meffuages, or tene- ments, lands, hereditaments, and preniiffes whatfoever and wherefoever, fituate and being within, and holden of the faid manor, to, for, and upon fuch ufcs, trufts, intents and purpofes as the faid ^. B. in and by his laft will and teftament, already made, or hereafter to be made, fliall direft, give, limit, or appoint the fame. G. //. LK. Mortgage taken hy two Tenants out of Court, ATanor of A. inthe^ Be it remembered, that on the County of B^ ) day of j A. B. a copy- Jiold or cuftomary tenant of this manor, in his proper perfon, came before G. H. and /. K> two other copy- hold or cuftomary tenants of the faid manor, according to the cuftom of the faid manor, at the houfe of AI. N, called or known by the name or fign of , fituate at — — , within this manor, and furrendercd into the hands of the lord of the faid manor, by the hands and acceptance of the faid G. H. and /. IC. teftifying the fame, according to the cuftom of the faid manor, all that his copyhold or cuftomary meftuagc or tenement, tvith the appurtenances, to the ufe and behoof of /. S^ of, (sfc. yeoman, his heirs and aftigns for ever, at the ^vill of the lord, according to the cuftom of the faid manor, provided always, and upon this condition, That if the faid A, B. his heirs, executors, adminiftrators^ or afligns, fliallwell and truly pay, or caufe to be paid, to the faid J,S, bis executors, adminiilratprs^ or aftigns, the APPENDIX. 339 the full fum of forty pounds of good and lawful money of Great Britain, with lawful Intereft for the fame, at or upon the fourteenth day of O^ober next enfulng5 the faid furrendcr at the dwelling-houfe of the faid i. of the lord of the manor aforefaid. Appendix. aforefaid, the fald mcffuage and premifTes, with the ap- purtenances, and all hi? cftate and intereft therein, iii fuch manner, and to fuch ufe an ! ufesj trufts, intents, and purpoles, as the faid G. S his executors, adminif- trators, or afligns iliull dircft c appoint; and in tlic mean time, and until fucli furrerder as aforefaid, fliall ■and will jiermit and fufFer the f^iJ G, S. his exscutorsj adminiftrators, and affigns pei-ceably and quietly to have, hold, and cnioy the faid meffuage and premifles, with the appurtenances, and the rents, ifTues, and profits thereof^ to receive and take to and for his and their own ufe and benefit, without any the lawful let, fuit, inter- i^uption^ or difturbance, of or by the faid H. E. his ex- ecutors, adminiftrators, and affigns, or any of them ; and the faid T, B. doth alfo for himfclf, his executors and adminillrators^ covenant and grant to and with the faid G, S. his executors, adminiftrators, and afligns, by thefe prefents, that he the faid T. B. fhaU and will, upon the requeft, and at the cofts and charges of the faid G. S» his executors or adminiftrators, furrender into the hands of the lord of the manor aforefaid, the faid meffuage and premiffes, with the appurtenances, and all his eftate and intereft therein^ in fuch manner, and to fuch ufe and ufes, truftsj intents^ and purpofes as the faid G. S. his executors, adminiftrators, or affigns fhall direft oir appoint: and in the mean time, and until fuch furrender as aforefaid fliall and will permit and fuffer the faid G. S. his executors, adminiftrators, and affigns, peace- ably and quietly to have, hold, and enjoy the faid mef- fuage and premiffes, with the appurtenances, and the rents, iffues^ and profits thereof, to receive and take to and for his and their own ufe and benefit, without any the lawful let, fuit, interruption, or diftuvbance of or by the faid T. B. his executors, adminiftrators, or affigns ; Aa 2. and 355 356 APPEND! X. and the fald G, S. doth for himfelf, his executors, ad- mi niftrators, and affigns, covenant and agree to and with the faid H. E. his executors and adrniniftrators, by thefe prefents, tl>at he the faid G. S. his executors, adrniniftrators, or aftigns, fliall and will, upon the requeft of the executors or adrniniftrators of the faid /-/. E. well and truly pay, or caufe to be paid, unto the faid executors or adrniniftrators of the faid U. E. fo much money as any beaft: which fhall be taken or feizcd for, or in the name of a heriot, for the faid prcmiffes, upon the death of the faid H. E. fliall be worth at the time of fuch taking; and the faid G, S, doth alfo for himfelf, his executors, adrniniftrators, and afligns, covenant and asrree to and with the faid T, B. his executors and adrniniftrators, by thefe prefents, that he the faid G. S. his executors, adrniniftrators, and affigns, fliall and will, upon the requeft of the executors or adrniniftrators of the faid T, B. well and truly pay, or caufe to be paid, unto the faid executors or adininiftrators of the faid T.B , fo much money as any beaft which fhall be taken or feized for or in the name of a heriot for the faid premifTes, upon the death of the faid T. B, fliall be worth at the time of fuch taking. In w'itnefs, iffc. Jin Ajff/gmnent of a Copyhold EJl ate, held for Life, and Co'vcnant io fur render into the Hands of the Lord of the Mcwor^ in conftderation of an Annuity fayahle during Life. To all to uliom thefe prefents fhall come, Ms C. of, ^irV. fcndeth greeting. Whereas the faid AI. C. by virtue of A P P E N D I X. 3S7 of a copy'of court-roll of the manor of, &c. bearing date, &'t-. figned by, &c, then lord of the laid manor, is and {lands lawfully poffefled at and interefled in a certain melfuage or tenement, fituate, lying and being in and part of the manor aforcfaid, for the term of her life, ac- cording to the cuftom of the faid manor, as by the laid copy of court-roll more at large may appear. Now thefe prefents witnefs, that the faid Af. C. for and in con- fideration of the annual fum of, isfc. of lawful money, tifc. fecured to be paid her during the term of her natural life, by y. C. Efquire, prefent lord of the manor of, fc'r, aforefaid, and alfo in coniideration of the fum of iivefhll- lings, hath afligned, transferred, and fet over, and by thefe prefents doth affign, transfer, and fet over unto the faid y. C. the before-recited meffuage or tenement, isfc. with the appurtenances, and all the eftate, right, title, intercft, claim, and demand wliatfoever of her the faid A/. C. of, in, and to the fame, by virtue of the faid copy of court-roll, or the cuflom of the faid manor, or other- wife howfoever, together alfo with the faid copy ; and to the intent the faid y. C may become as lawfully and ab- folutely polfeflTed of the faid melTuage or tenement, and premilTes, as of other parts of the faid manor now in his hands. And the faid Af. C. doth hereby covenant, promife, and agree to and with the faid y. C. his heirs and afhgns, that flie the faid Af. C, fhall and will, at the next court-baron to be held for the faid manor of, ^c. or at any other time or times, upon the requeft and at the cofls and charges of the faid y. C. or his heirs, furrender into his or their hands, or into the hands of the fteward of the faid manor, orotherwife, according to the cuflom of the faid manor, to the ufe of the faid y. C. his heirs and afligns, the aforefaid meffuage or tenement, ^c. and all the lands, meadows, paflures, feedings, and common, A a c» to 358 APPENDIX. to the fame belonging or appertaining; and all her cftatCj right, title, intereft, claim, and demand whatfoever of and to the fame : and that fhe the faid M. C. (hall and will, from time to time, and at all times hereafter, during the term of her life, at the reafonable requeft, cofls and charges in the law, of the faid J, C. his heirs or affigns, make and do all and every fuch further .tad other lawful and reafonable a6ls r.ad things, for the further, better, and more perfeft affurin^ and conveying of the faid te- nement, lands, and piemilies, to the ufe of the faid J. C. his heirs, and afligns, as by him or tnem, or his or their counfel learned in the law, fhall be reafonably devifed or- advifed and required. And further, that at the time of making fuch furrender or furrendt/s, or other affurance or alTurances, to be made of the faid meffuage or tene- ment, and premiffes, the fame fliall be free and clear, and freely and clearly acquitted and difcharged of and from all former furrenders, forfeitures, and other incumr brances whatfoever, had, made, done, or wittingly or willingly fuffered by her the faid M. C. or by any other perfon or perfons lawfully claiming by, from, or undef her. In witnefs, ^c. Condition of a Bond to fay Money advanced upon a Conditional Surrender, The condition of this obligation is fuch, That whereas the above bound F. N. a copyhold or cuftomary tenant of the manor of G. within the county of H, on the day pi the date of the above-written obligation, for and in confidcration APPENDIX. 3S9 confideratlon of the fum of fifty pounds of good and Javvful money of Great Britain, to liim in hand paid by the above-named R. W. did furrender into the hands of the lord of the fald manor, by the hands and acceptance of T. M, and IV. A. two other culiomary tenants of tlie faid manor, one copyhold tenement, with the appur-- tenances, containing by eftimation five acres, be the fame more or lef-J, fituate, lying and being in G. afore- said, and parcel of the laid manor, to the ufe and behoof of the faid K. IV. his heirs and afiigns for ever, accord- ing to the cuftom of the faid manor; provided never- thekfs and upon this condition, tl.at: if the faid T. N, his heirs, executors, adminiftratorsj or afligns, fliall and do well and truly pay, or caufe to be paid, unto the faid R. IV. his executors, adminiftrators, or afiigns, the full andjUil fum of fifty pounds of good and lawful money of Great Britain^ with lawful intereft for the farne, ca or before, &">. that then the faid furrender (liould be void and o;" no efFeft, or elfe to be and remain in full force and virtue, as by the faid furrender more plainly and fully it doth and may appear. If therefore the faid F. A\ was at the time of making the f.iid furrender, foley, rightfully, andabfolutely icifed of and in the faid copyhold teneipentj with the appurtenances, in fee fimple, to his own ufe, according to the cuftom of the manor aforcfaid ; and alfo if he then had full power, s;ood right, and authority to furrender the fame unto the faid R. IV. and his heirs, in manner and form afore- faid ; and alio if the faid F- iV. his heirs, cxecutorsj adminiftrators, or afiigns, ftiall well and truly pay, or caufe to be paid, unto the faid R. IV. his extcutors, adminftrator?, or afiigns, the aforefaid fum of fifty pounds in the condition of the faid recited furrender, fpecifiedon, "^c- in full difcharge of the faid cuntlition, A a 4 and 3^0 APPENDIX. and according to the true intent and meaning thereof; and laftly, if the faid F. N. his heirs, executors, admi- niftrators, or afligns, fhall and do at the next court' baron to be held in and for the faid manor, pay and dif- chargc all the fees that ihall be due to the Reward of the court of the aforefaid manor, that then this prcfent obligation (hall be void, ti/c. J CoJidit'ion of a Bond tofurrender Copyhold Lands\ ivhereunto the Obligor is admiited vi Trujl for the Old i gee. The condition, Zdc That whereas the above boundcn y»F. at the cofls and charges, and in truft for the only benefit of the faid R.M. hath had and taken admit- tance, according to the cuftom of the manor of H. in the county oi B. of and to the reverfion of one meffuage, one barn, and certain lands, called, ^^c. containing by eftimation twenty acres, be the fame moi'e or lefs, there- unto belonging, with the appurtenances, fituate, &^. in the county of 5. of the one part ; and A. B of, C-V. one of the copyhold tenants of the faid manor, on the other part. Whereas the faid /, N. is feifed to him and his heirs of the faid manor of B. for an ellate of inheritance in fee fimple, in poffeflion ; and the faid J. B. is feifed of the tene- ments and hereditaments hereinafter mentioned, ior an eftate of inheritance to him and his heirs ; which laid tenements are held of the lord of the laid manor, at the will of the lord, by copy of court-roll, according to the cuflom of the faid manor, by the rents and fervices therefore due and of right accuflomed. Now this in- denture witneffeth, that in confideration of ten fliillings of lawful money of Great Britain, by the faid yl. B.to the faid J, N. paid at or before the fealing and delivery of 36? APPENDIX. of thefe prcfents, the receipt whereof is hereby acknow-* ledged, he the faicl /. TV. at the requeft, and upon the ac-- ceptance of the faid A. B. tellified by his being a party to and lealing and delivering thefe prefents, hath fully, clearly, and abfolutely granted, bargained, fold, dif- charged, retnifed, rdeafed, and for ever cjuit-claimed, and by thefe prefents doth, &Tf, unto the hk\J.B. and his heirs and afligns, all, ^c. and all heriots, quit-rents, duties, fuit and fervice of court, and all other cuftoms and fcrvices due and payable, or hereafter to become due or payable, for or in refpeft of the faid preiniffes ; and all thefeigniory. cftate, right, title, intereft, poflibility, property, claim, and demand whatfoever of the faid /. A'', as lord of the manor of B. of, into, from out of, or upon the faid tenements and hereditaments hereby rclcafed, or any of them, to have and to hold the faid te^ iiements, hereditaments, and all and fingular other the premiffes hereby releafed or expreffed, or intended fo to be, and every of them, and every part thereof, unto the faid J. B. his heirs and afligns, to and for the only pros- per ufe and behoof of the faid J. B. his heirs and alfigns for ever, to the intent and purpofe, and fo that the laid yf. B. his heirs and afligns mny ior ever hereafter hold and enjoy the faid tenements, hereditaments, and all and lingular other the premiiles hereby releafed or ex- preffed, and intended fo to be, and every of them and every part thereof, with their appurtenances, abfolutely freed and difcharged of and from the faid copyhold tenure, and of and from all rcnts,payments, heriots, fuits, cufloms, and fervices incident thereto, or by cuftom, prefcription, or otherwife howfoever to be rendered or performed to the lord of the faid manor of ./J. for the time being, for or in refpc£\ of tiie ptemilTes, or any of themr; povided always, and it is the true intent and meanins: APPENDIX. 363 meaning of thefe prefents, that nothing herein contaln-f ,cd fliallenfranchife, acquit, or difcharge any tenement or hereditaments held of the lord of the faid manor of L'. other than and except the tenements and hereditaments hereinbefore particularly n^entioned, and hereby re- leafed or exprefled, or intended fo to be, of and from the laid copyhold tenure, or from any rents, payments, heriots, fults, cuftoms, or fervices incident thereto, or ^o be rendered or performed in rerpe(St thereof. Ipi witnefs, l^c. Another T)eed of Enfrmichifemmt , hut hi vjJiich ths Lord rcferves the ancient Rent and all the Royalr ties, "jcith Pozver oj Dijlrefs for JSon-payment of Rent^ arid far Amerciament In the Court-Lent^ or Court -Bar on. This indenture, made the day of ^ , in the forty-third year, '^c, between A. B, lord of the manor of B, in the county of C, of the one part ; and H. T, ^^. one of the copyhold, or cuftomary tenants, of the faid manor, of the other part. Whereas the faid H.I. doth now hold to him, his heirs and affigns for ever, at the will of the lord of the faid manor of />. according to the cuftom of the faid manor, one copyhold, or cuf- tomary uiefTuage, or tenement, called H. with appur- tenances hereinafter mentioned, and intended to be hereby enfranchifed, granted, and releafed, fituate, lying and being in the parifli of C. , in the county of C. ^y copy of court-roll of the faid manor of B. by the payment ;64 APPENDIX. payment of the ancient yearly rent of thirteen fliillings and fourpence, and of a reafonable arbitrary fine, at the will of the lord of the faid manor, for the time being, as well upon the death of the faid lord as the death or alienation of the tenant, and other dues, duties, cuf- toms, and ferviccs; and whereas the faid A. B. being feifcd in his demefne, as of fee, and of and in the manor of .6. with the appurtenances, hath propofed to the faid H. T. to fell and grant unto him an enfran- chifement of the faid copyhold, or cuftomary tenement and prcmilTes, and to grant unto him the freehold and inheritance thereof; and the timber-treej, and other wood, and underwood now growing, or which fliali hereafter grow, upon the faid copyhold, or cuftomary tenement, or any part thereof, and the foil of the wood- grounds belonging thereto, fave and except as herein- after faved and referved, ib as that the fame copyhold, or ruRomary tenement, fiiall and may henceforth forever hereafter fcand and be freed, exonerated, and difcharged of and from all and all manor of copyhold, or cuf-» tomary tenures, and of and from all and ail manner of Iine5, fuitF, ferviccs, burthens, and cuftoms wliatfoever (other than fuch as are herein exprelTed and referved) and fubjcft to fuch further agreements, matters, and things as are hereinafter mentioned, at or for the price or fum of fiv^e hundred pounds. Now this indenture witncffeth, that for and in conlidcration of thcpremifles, and alfo, for and in confuleration of the fum of five hundred pounds of lawful money of the united king- dom, <5\. being tlie price proper for the cnfranchife- inent of the faid copyhold, or cuflomary tenement hereinafter mentioned, and for relcafmg the fame for tvcr hereafter from all fmcs to become due and pay- able for and in refpcd of the fame, and of the further fum APPENDIX. q6c oo fuiTi of two liundrecl and forty-two pounds of like lawful money, for the abfolute purchafe of tlie timber- trees, woods, and underwoods now growing on thefiiid copyhold, or cuftomary tenement, or any part thereof, and of the foil of the wood growing, belonging thereto, "amounting tofrether to the fum of feven hundred and forty-two pounds, to the faid A. B. in hand, well and truly paid by the faid H. F. at or before the fealing •and delivery of thefe prefents ; the receipt and payment of which faid fum of feven hundred and forty-two pounds in manner aforefaid, he the faid j1. B. doth hereby acknowledge, and thereof, and therefrom, and of and from the fame, and every part thereof, doth acquit, releafe, exonerate, and forever difchargethe faid H.F. Jiis heirs, executors, adminiflrators, and afligns, and every of them, abfolutely for ever, by thefe prelents ; and to the intent to enfranchile the laid copyhold, or cuftomary meffuage, or tenements, as hereinafter is mentioned and expreffed, he the ia.\djl.B. hath granted, bargained, fold, aliened, releafed, quit-claimed, and con- firmed, and by this prefentdoth, Isfc. unto the dud H.F. in his adual poffeflion, &'c, and to his heirs, all, &/r. together with all and fingular houfes, out-houfes, edi- fices, barns, ftables, buildings, lands, meadows, paftures, feedings, hedges, ditches, fences, commons, and other the appurtenances thereto belonging, or therewith hcld^ ufed, or enjoyed, or accepted, reputed, deemed, taken, or known, as part, parcel, or member thereof, favc and except as hereinafter faved, excepted, and referved ; and alfo all trees, woods, and underwoods, now grow- ing, or which fhall hereafter grow upon the faid here- hy enfranchifed, granted, and releafed prcmifles, or any part thereof, and the ground and foil of the faid woods and 366 A P P E N D I k. and underwoods ; and alfo free liberty for the faid H. P, his heirs and affigns, to dig for and get free-ftone,' limeflionc, clay, marl, fand, and flate in and upon the faid premifils, or any part thereof, for the purpofes of improving the laid enfranchifcd preiniiTes, and repair-i ing the buildings, walls and premilFes belonging thereto,- or erecting new buildings, or mailing new walls there- upon, and to make bricks of the faid clay, for the pur- pofe aforefaid ; and alfo all fuch common of pafture and turbary in and upon all the commons, waftes, and com- monable places of and within the faid H. F. at the time of the execution of theie prelents Is entitled unto for or in rcfpc£t of the faid premiiies; and the reverfionj raid, l^c. and all the eilate, and ^r. faving always and excepting out of this prefent grant, and for ever referv- ing unto the faid A, B. his heirs and affigns, the fai(i yearly rent of thirteen fliiliings and fourpence, to be for ever hereafter paid to the faid A, B. his heirs and afligns, as a free rent, to be iffuing and payable out of the faid prcmiffes, and every part thereof, at fuch times and in fuch manner as the fame is now due and accuf- tomed to be paid; and alio, laving and excepting out of this prefent grant, and for ever referving unto the faid A. B. his heirs and alligns, all coal-mines, veins, and feams of coal and other mines, metals, and minerals whatfdever ; and all quarries of flone, as well opened as unopened, or Vvhich fhall or may at any time here- after be opened, or found in, under, or upon the faid premiiies, or any part thereof; with full and free libertj and power for the laid A. ^, his heirs and afligns, and for his and their workmen, fervants, and atrent?, and all other pcrfons to be employed by him or them for that purpofc, from time to time, and at all times here- ftltcij, at his and thcii will and pleafurc, to fcarch and APPENDIX. 3^7 dig for and work the fame; and the coals, ore, metais, minerals, and flone, found and got in, under, and upon the faid premilTes, or any part thereof; and alfo the earth and rubbifh there dug up, or ralfed to heath, bank, or keep in and upon the faid premifTes, or any part thereof; and from thence, at his and their will and pleafure, with horfes, mares, geldings, and cpcn carts, waggons, fledges, and other carriages, to drive and carry away the faid coal, ore, metals, minerals, and ftone, and other produce of fuch mines and quarries, in, through, and over any convenient and proper part of the faid premilfes; and for the better working and ufing the fame, to ere£l fire-engines, heaths, fmelting- houfes, furnaces, and other buildings, in or upon the faid premifTes, or any part thereof, neceffary or proper for the working of the faid mines, metals, minerals, and quarries; or to employ any other means now in life, or which fhall or may at any time hereafter bs in ufe, for the working, or ufing, or carrying away of coals or metals, minerals or ftone, and do every other matter and thing for the purpofcs aforefaid ; and alfo to make or lay down, and continue any waggon- way or oiher ways, and to make any drains, cuts, or fluices, and do every other a6l that may be proper or neceffary for the making or continuing the faid ways in, through, and over any proper and convenient part of the premiffes, for more commodioully driving and carrying away the laid coals or metah', minerals and ftone there to be dug, railed, or gotten ; he the faid A. B. his heirs oraffigns, paying, or making a reafonable compcnfation for the da> mage which may be fuftained by the refpe£llve owners or oecupyers of the faid premiffes for the time being, on account thereof i and faving alfo and excepting out of this prefcnt grant, and for ever referving to the faid A. B, 363 A P P E N D I :k:. A. B. his heirs and afTigns, all and all manner of waifsj eftrays, deodands, goods and chattels of felons and fu- gitives, felons of themfelves ; perfons outlawed and put in exigent treafure-trove, and wrecks of the fea, of what nature or kind foever, which fhall hereafter happen or become forfeited, found, or taken in or upon the faid premifies, or any part thereof; and all fuch ancient pifcaries or fifliings, and other royalties, liberties, pri- vileges, and franchifes as are now ufcd and enjoyed by the faid A. B. or have been anciently or heretofore ufed, exevcifed, or enjoyed by the former lords of the faid ma- nor, or any of them ; and nlfo free liberty of hunting, hawking, fifhing, and fowling for the faid A. B. his heirs and afiigns, and the lord or lords, lady or ladies of the faid manor for the time being, his, her, or theii' game-keepers and fervants in, over, and upon the faid premifTes; and all otlier manerial rights, and rights of feignlories whatfoever;, except fuch as are hereby granted and releafed, or intended fo to be, in as full and ample a manner as if the prefent enfranchifement had not been made; to have and to hold the faid melTuage or tene- ment, clofes, or parcels of land, hereditaments, and all and fmgular other the premilTes hereby enfranchifed, granted, and releafed, or mentioned, and intended fo to be, with the appurtenances (fave and except as is hereinbefore faved, excepted, and referved) unto the faid H. F. and his heirs, to the only proper ufe and behoof of the faid H. I. his heirs and afligns for ever, to the intent and pu.ipofe, and fo as that the faid pre- mifles may for ever hereafter remain and continue enfranchifed, and may be abfolutcly freed and dif- charged of and from all fines, cuftomary tenures, and fcrviccs whatfover (other than and except fuch as are hereinbefore excepted and referved) yielding, rendering,' and paying to the fiid A, B. his heirs and afligns, the faid A P P E N D I X* 369 fald accuflomed yearly quit or chief rent of thirteen fhillings and fourpence, at the two ufual feafts, or days of payment, in the year (that is to fay) the Annunciation of the blelTed Virgin Mary, and St. Michael the Arch- angel, in every vear, by equal portions, clear of all taxes whaifoever inipofcd, or to be iinpoled, by au- thority of parliament, or othervvife hovvloever, and of' all other dedudions and outgoings whatfoever ; thefirft payment to begin and be made in or upon the Feaft* day of Saint Michael the Archangel next enfuing the date of thefe prefents; performing fuit of court at the courts-leet and courts-baron of the faid A. B. his heirs and afligns, to be holder from time to time, for thefaid manor, and fuffeiing and permitting the faid J, B. his heirs and afligns, to exercife and enjoy the feveral manorial and other rights, royaltic?, privileges, and franchifes hereinbefore mentioned and referved, according to the refervation aforefaid, and the true in- tent and meaning of thefe prefents ; and it is the true intent and meaning, and agreement, of the faid par- ties hereto, and fo hereby exprefsly declar-ed : and. the faid H, i. for himfelf, his heirs, executors, and adminiftrators, and every of them, doth hereby cove- nant, grant, and agree to and with the faid A, B. his heirs and afligns. That if the faid yearly quit or <:hief rent of thirteen fliillings and fourpence, or any ,part thereof hereby referved, or any part thereof Ihall be behind or unpaid by the fpace of twenty days next after any or either of the faid feveral feaft-days, or times of payment whereon the fame fliall refpeflively become due and payable as aforefaid, then and fo often it fliall and may be lawful to and for the faid A» B» his heirs and afligns, over and befides any other reme- dies for th,e fame, by amerciament in the faid courts- B b leec 3;a APPENDIX. leet or courts-baron refpeftively, or otlierwife, into and upon the faid premiffes, enfranchifed, granted, and realeafed ; and into every, or any part thereof, to enter and diftrain, and the diftrefs and diftrefTcs then and there found, to take, lead, drive, and carry away, and impound, and in pound to detain and keep until the faid yearly quit or chief-rent of thirteen fhillings and fourpence, hereinbefore mentioned and refcrved, all ar- rears thereof (if any fl-iail happen to be) fliall be fully paid ; and until all cells, charges, and cxpences of fuch diftrefs and diftrefies, and of taking and keeping the fame, fliall be fully paid and fatisiied; and in de- fault of fuch payment, within five days inclulive after any fuch diftrefs and diflrefl'es fliall be fo taken, to ap- praife, and fell, and difpofe thereof, or otherwife to de- mean therein, according to law ; to the Intent that thereby the faid A. B, and all and every future lord or lords, lady or ladies, of the faid manor, for the time being, may be fully paid and fatisfied the faid yearly quit or chief^rent of thirteen fliilling and four- pence hereby referved, and made payable to him and them as aforefaid, and all arrears thereof, and all cofls, charges, and expcnces attending the receipt thereof; and abb, that if the faid yearly quit and chief rent, or other rent of fourteen fliillings and ten pence, or any part thereof, fliall be behind and unpaid on the forty- firft day next after any or cither of the faid feveral fcafts, days, and tinges of payment whereon the fame iliall rcfpediivcly become due and payable as aforefaid, then, and fo often as the fame fliall happen (although no formal or legal demand fliall be made) it Jhall and may be lawful to and for the faid ./. /j. his heirs and nfligns, into and upon all and fmgular the faid here- ditaments and premiffes, or into and upon any part thereof, APPENDIX. thereof, in the name of the whole to enter, and the fam« to have, hold, occupy, poflefs, and enjoy ; and the rents, ilFue, and profits thereof, and of every part thereof, to have, and take to and for his and their own u'e and benefit, until he and they fliall thereby and thert-with be lawfully paid, and fatisfied the faid yearly quit or chief-rent of thirteen fliillings and fourpence, and all arrears thereof (if any fliall happen to be) and all fuch arrears of the fame as fliall grow due or incur during the term that he or they fhall by virtue of fuch entry or entries, be in pofleffion of the premifTts, or any part thereof, together with all cofts, charges, and expcnces •whatfoever attending, or occafioned by the non-payment or recovery of the fame, or any part thereof, or in rela- tion thereto, fuch poflcflion when taken to be without impeachment of wafte ; and alio, that in cale the faid H. F, his heirs or aiTigne, or any ot them, or any future tenant of the fame premiffes, or any part thereof, fhall at any time or times hereafter, without any reafonable caufe or excufe, refufe, negle£l, or decline to appear and to do and perform fuit, fervices, and all other matters and things, at the feveral courts-leet and courts-baron to be held for the faid manor, in fuch and the like manner as other the tenants of the faid manor have ufually done or fliall do, that then, and in any of the (aid cafes, and as often as it fliall happen, the fiiid H. F. his heirs and afligns, fliall and will forfeit and pay to the faid A, B. and all and every future lord and lords, lady and ladies, of the manor aforefaid, for every fuch negleft or default, any fum of money not exceeding thirty-nine fliillings, nor lefs than five fliii- lings, at the difcretion of the faid J. B. or the fteward of the courts of the faid manor, or the lord or lords, B b 2 lady 372 APPENDIX. lady or ladies of the faid manor for the time being, to be lecovered by amerciament, diilrefs, or otherwife, And alfo, that in any of the faid cafes, and as often as it fliall fo happen, it fliall and may be lawful for the jury, or homage, at any luch court or courts, to amerce the faid H.F. his heirs and affigns, or any of them, and all and every future tenant and tenants of the faid premiiTes, or any part thereof, any fum of money not exceeding thirty-nine fliillings, nor Icfs than five fhil- lings, for ever) fuch neglefi:, or default; and that fuch jury or homage, or any afferor or afferors, at any fuch court or courts, fliall not have power to fet or affer any fuch amercement for each and every, or any fuch negleft or default to or at any fum lefs than five fbillings; and alfo, that it fh all and may be lawful to and for the faid A. B. and all and every future lord and lords, lady and ladies, of the faid manor, into and upon the faid premifles hereby enfranchifed, granted and releafed, and into and upon every or any part thereof, to enter and diftrain for the faid amercement fo incurred and impofed for fuch neglefl asaforefaid *; and the diftrefs and difireffes then and their found to take, load, drive, carry away, and impound, to detain and keep until iuch amercement fliall be fully paid, and until all coft^, charges, and expenccs of fuch dif- trefs and dlflrefles, and of the taking and keeping the lame, fhall be fully paid and fatisficd ; and in default of fuch payment, within five days exclufive after any fuch diflrefs or diflrefTes fliall be fo taken, to appraife and fell, and difpofe thereof, or otherwife to demean there- in, according to law, to the intent that thereby the faid yJ,B. and all and every future lord and lords, lady and * As the lord cannot diftrain for an amerciament without prcfcrip- tion in this detd, there is an exprcfs covenant for thepurpofe- ladies, APPENDIX. 373 ladies, of the faid manor for the time being, may be fully paid and fatisfied, the faid amerciament and amerce- ments fo to be incurred and impofed for fuch ncgleft as aforefald, and every of them, and all cofis, charges, and expences attending the receipt thereof; and alfo that he the faid H. I. his executors, adminiilrators, and afligns, (hall and will from time to time, and at all times hereafter, well and truly pay, or caufe to be paid unto the faiJ A. B. and all and every future lord and lords, lady and ladies, of the faid manor -for the time being, the faid yearly quit or chief rent, or yearly rent of thirteen fhillings and fourpence, at the faid feveral feaft-days, or times of payment, and in manner afore- faid, every year for ever, pay, appear, do, render, and perform all fuch ancient and accuftomed part thereof ; and alfo appear at the court-leet and courts-baron of the faid A. B. his heirs and afligns, to be holden from time to time in and for the faid manor, as refciants and freeholders ; and caufe the death or alienation of every tenant of the faid premiffes, or any part thereof, to be prefented at the next court-leet, or court-baron of the faid A. B. his heirs and afligns, to be holden in and for the faid manor : and alfo fhall and will, from time to time, and at all times hereafter, permit and fuffer the faid yl. B. and every future lord and lords, lady and ladies, of the faid manor, peaceably and quietly to hold, exercife, and enjoy all and every the manorial rights, rights of feigniories, and all other rights, royal- tics, liberties, franchifes, and privileges whatfoever, of or belonging to the faid lord or lords, lady or ladies, of the faid manor for the time being, in as full, large, ample, and beneficial a manner in all refpcfls, and to all intents and purpofes, as the fame are refpe£\ively hereinbefore referved, according to the refervations aforefaid, and the true intent and meaning of thefe pre- B b 3 ^ents ; 374 APPENDIX. fents ; and alfo, that he the faid H. I, his heirs, exe* cutors, adaiinillrators, or afligns, or any of them, (hall not, nor will at any time hereaftei dig for or get any freellone, iimeftijne, clay, marl, flate, or fand in, upon, or under the laid premifles, or any part thereof, except it be for the purpole of improving the faid ei.franchifed prem.ifiTes, or repairing the buildings, walls, or fences belonging thereto, or ere£^ing new buildings thereon, or to make bricks of the fame cl.iy, for the purpofes aforefaid ; and Ihall not, nor will at any time thereafter, make ufe of luch freellone, limeftone, clay, marl, flate, or fand, other than in, upon, or about the faid premifles, or fome part thereof, for the purpofe aforefaid. A, B. covenants that he is feifed in fee : has right to enfranchife for quiet enjoyment, free from incum-* brances, t^c, and for farther affuiance. A Deedtofiifer a Recovery in a Court-haroriy hy Plaint, i^c. This indenture, made, l^c. between A. C. of the one part, and C.C, of the other part, witneffeth,That for the barring, docking, and deftroying all eftates tail and in remainder, now fubfifting of and in the faid mefl'uage, lands, and hereditaments hereinafter mentioned ; and alfo in confidtration of five fliillings of lawful money of Great Biltain, by the faid C. C. paid to the faid ^. C. at or before the fraling and delivery of thefe prefents, the receipt whereof is hereby acknowledged, he the faid y/. C. do h hereby covenant, promife, grant, and agree with and to the faid C. C. his heirs and afligns, by thefc APPENDIX. 3''5 thefe prefents, that he the fnid A. C. at the court-baron of the manor of G. in the county of H. on or before the — — next enfuing the date hereof, ftiall and will permit and fuffer the faid C. C, to affirm, enter, and pro- lecute asfainft him the faid A. C. in the court-baron of the faid manor of G. one plaint in the nature of a writ of entry, yj^r dijfeijin en le poji^ of all and lingular that his melTuage, and forty acres of meadow, with the ap- purtenances adjoining thereunto, abutting, i^c, fituate, lying, and being within the faid manor of G, which faid meffiiage the faid A. C. late had in remainder on the furrender of C. C, his father, by the name of, i^c. as in and by the copy of court-roll of the general and court-baron of the faid manor, holden at G. aforelaid, qn the twenty-fixth day of, ^c. laft paft, before the date hereof, may more fully and at large appear; and that the faid plaint (hall be affirmed, entered, and pro- fecuted as aforefaid, he the faid A. C. fhall appear in his own perfon, or by his attorney lawfully authorized in that behalf, and fhall make his defence thereunto ac- cording to law, and vouch to warrant for the premifTes one T. IV. who fhall appear and enter into the warranty, and afterwards make default according to the manner and form of common recoveries in writs of entry fur diffeifin en le [lojiy at the common law, whereby the laid C, C. fhall have judgment to recover the faid mcffuage and forty acres of meadow, and other the premiffes againft the faid A. C, and the faid A. C. to recover over in value againft the faid T. JV. according to the manner and form of common recoveries for lands and tenements ; which faid recovery the faid A.C. fhall fuffer to be executed by precept or warrant out of the faid court, in the nature of a yvrxloUiabcre facias feij:nam, accordingto the order or the manner of the common B b 4 law J 376 APPENDIX. law; and the faid A. C. doth hereby further covenant, promife, grant, and agree with and to the faid C. C. his heirs and afligns, that the faid recovery and the eflate of the premifTes to be h. :', obtained, and recovered thereby, or by reafon thereof, fhall be to the ufe of the faid C. C. his heirs and afligns for ever, according to the cuftoiii of the iaid manor, and to and for no other ufe^ intent, or purpofe whatfoever. In witnefs, ^c. Precept to deliver Fojfejfion thereon, «-; r r- C G> B, fteward, to 7- ^- halliS" J/ic manor of (j.l . ' -^ _ [ o\ the faid manor, greeting. Know you thnt C C. in this court, who held, £sfr. by judgment of fame court, hath recovered his fe'ijin againft A.C. of, ^c. (here recite the prcmiffes) with their appurtenances, in, G/c. within the jurifdi£lion of this court, by the default of the faid A, C.\ therefore I command you, tha', without delay, you caufe {\A\fc'iJin of the tenements aforefaid, with their appurtenances, to be delivered to the faid C. C. ; and have you there this precept, and in what manner you have executed the fame. Dated, &'r, G, B. Steward (Z. 5,) jd Dad APPENDIX. A Deed to levy a Fine m a Court of Anc'init- Demejhe, This Indenture, is^c. between B. F. of the one part,^ and D, A. of tlie other part, ^c. Whereas the f;iid B. F. is, on the day of the date of thefe prefents, lawfully feifed of an eftate of inheritance to hin), and the heirs male of his body, and of and in divers mefTuages, lands, tenements, and hereditaments, within the liberty of E. F, in the county of G. hereinafter in thele prefents more particularly mentioned; now this indenture v.it- neffeth, that the faid B. F. for divers good caufes and confiderations him hereunto efpccially moving, and for the fettling, Effc. doth for him'clf and his heirs, co- venant, grant, and agree to and with the faid D. A, his heirs, executors, and adminiftrators, by thefe pre- fents, that he the faid B. F. at his own proper cofts and charges, fhall and uill in due form of law, before the fcaft, '^V. next enfuing the date of thefe prefents, ac- knowledge and levy one fine in the court of ancient demefne, within the faid liberty of E. at F. according to the courfe and common ufage thereof, for levying of fines of lands and hereditaments within the faid li- berty, unto the faid D. A. of all thofe mclTuagcs, lands, fe'r. by the name of fix mefTuages, four garden'^, thirty acres of land, ^c. in £. at F. aforefaid, or by fuch other name or names as (hall be thought meet, ^c^ In wit» nefs, firV, 377 .Forr$ 37^ APPENDIX, Form of a Fine in a Court: of Ancient Demefne, The manor of "j The court of Richard B. Efq. and jflton Wejibroak. \H. his wife, held there on Friday the loth day of June, the feventh year of the reign of our fovereign lord George the Second, by the grace of God, of Great Britain^ France^ and Ireland, l<-'ng» defender of the faith> and fo forth, before Richard B. and yo/iu S. fuitors of the fame court, ac- cordinrj to the cuftom of the fame court, from time whereof there is no memory of man to the contrary ex-, iflins:. To this court came /. Jl P E K D I X. 38; entire life and benefit of the executors and adminif- trators of the faid -4. B. or fuch perlon or perfons as by the ftatute for the diftribution ct inteflates eitatcs Ihall be entitled thereto. A provifo to enable the truftees, from time to time, otit of the rents and profits, to raife a fufficicot fum for payment of the fine and fees, for frefli efiatingthe prc- milTes. Covenant from the truftees, to furrender to any one or more of the children under the joint appointment of J. B. and C. D. or the feparate appointment or will of the faid C. D. Power for truftees to reimburfe themfelves^ tf^c to retain, Zyc. and not to be anfvverable, ^c. Settlement after a Marriage had, in confideration of a Portion of Two Thoiifand Pounds paid to the Hujhand by the Wife's Father^ of Copyholds of Inheritance, This indenture, of three parts, made the day of , in the forty-third year of the reign of our Sove- reicin Lord George the Third, bv the fjrace of God, of the united kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the year of our Lord one thoufand eight hundred and three, between H. IV. /F. of, i^c. yeoman, and Mary his wife, of the firft part ; R, L. of, Cs-V. (the father of the faid Mary /T. IF.) of the fecond part ; and D. B, of, iz'c. and 5. C. of, Ifjc. truftees, of the third part. Whereas a marriage hath lately been had and folemnized by and between the faid H, IV. IV, and Mary his now wife ; and on the treaty |S4. A P P E N D I X. treaty for fuch marriage, it was agreed between and by the faid H. IV. IV. and Mary bis faid wife, an. B. and S. C. their heirs and affigns, of and in the faid premifles, it is hereby declared and agreed by and between all the faid parties to thefe prefents ; and the true intent and meaning of them, and each of them is, that the fame are to be fo furrendered and limited to them, in trull only, and to and for the feveral intents and purpofes following (that is to fay) in trull, that the faid D. B. and 5. C. or the fnrvivor of them^ or the heirs of fuch furvivor, t/c. immediately upon the deceafe of the f\id H. iV. IV. polfefs themfelves of the faid premilles> and from thencefortli, from time to time, to receive and take the yearly and other rents, ilTues, and profits thereof, and of every part thereof, and pay the fame (after difcharging all taxes, l^c.) to the faid Mary, the wife of the faid H. fV. JV. and her afligns, for and during the term of her natural life ; and from and innr.ediately after the deceafe of the laid ISIaryj the wife of the faid H. W. IV. then upon this further trull, that they the faid D. B. and S. C. and their heirs, fhall Hand and be feifed of the faid pre- mifles, to the ufe and behoof of the heirs of the body of the faid //. IV, IV. on the body of the laid Mary, hi? C c now 86 APPENDIX. now wife, lawfully begotten, or to be begotten, in fuch parts, fliares, and proportions, manner, and form, as fhe the faid Mary, wife of the laid H. JV. JV. by her lafh will and teftament in writing, to be by her executed and attefted in the prelence of three credible wit- neffes, fhall give, limit, dire^V, or appoint ; and in de- fault of any luch gift, limitation, dire£\ion, or ap^ pointment, and in default of any fuch iffue as afore- faid, to the ufe and behoof of the heirs and affigns of the faid H. WJV. for ever : and the faid H.JV. JV. for himfelf, his heirs, executors, and adminiftrators, doth hereby further covenant with the laid D. B. and S. C. and their heirs, that he the faid H. l\\ W, fhall and will, at the faid next court to be held for the faid manor of -F. as aforefaid, immediately after his furren- ' dering the faid premiiTes, to the ufes hereinbefore ex- prefTed, caufe himfelf, at his own proper cofts and charges, to be duly admitted to the fame; and on fuch his fubfequent admiffion, fhall and will pay fuch fine or lines as a perl'on admitted tenant to all and fingular the laid premifTcs, in fee fimple, ufually and of right ought, and hath been accuftomed to pay according to the cuftom and ufage of the manor of aforefaid, fo that the remainder in fee of and in the faid pre- mifles, and of every part thereof, may on fuch his re- admiffion become veiled in them the faid D, B. and S. C. and their heirs, and fo that they may be well and fufficiently feifed of the fame premifles, according to the cuflom of the faid manor, without being required or anywifc compellable, to be themfelvcs admitted on the dcceafe of the faid H. IV. or to pay any other or more fme or fines, on their accefuon to the faid H. IV. in pof-^ felTion at his death ; and alio, that he the faid H. JV.ll . lliall and will at fuch next court, at his own colls and charges APPENDIX. 38; charges as aforcfald, caufe and procure (as far as In him (hall lie) the declaration of the trufls hereby created, or Intended fo to be, and hereinbefore particu- larly fet forth and fpecified, to be duly and juftly en- tered and inferted on the court-rolls of the faid manor of , to the end and intent that the fame trufts, and the intention of the feveiul parties to thefe premilTes, may be the more eafily and effeftually afcertained, evi- denced, and preferved : and alfo, that he the faid H, W. W, at the time of the execution of thefe prefents, is lawfully and abfolutely feifed of the faid premiffes to him and his heirs, in fee-fmiple, at the will of the lord, according to the cuftom of the faid manor of ; and alfo, that he hath full power to fettle and affure the fame and every part thereof, in the manner and to the ufes,ends. Intents, and purpofes hereinbefore particu- larly expreffed, and according to the true intent and meaning of thefe prefents ; and. alfo, that he the laid H, W. W and his heirs, (hall and will, at his and their own cofts and charges, on the requeft of them the faid D. B. and 5. C. or their heirs, make, do, iffc. or caufe, iifc. all or every fuch further and other ads and deeds as they the faid D. B. and S. C. or their heirs, or their counfel learned in the law, (hall reafonably advife and require, and which he the faid H. JV. JV. and his heirs may lawfully and rightfully do, l^c. or caufe, &c. as a copyhold tenant, holding of the faid manor of , in fee fimple, at the will of the lord, for the further, better, and more effedlually fettling and alluring the faid pre- milTes, to the ufes, ends, intents, and purpofes herein- before particularly mentioned, exprefled, and declared of and concerning the fame, and according to the true intent and meaning of thefe prelents, and of the parties hereto ; and the faid R. L. for himfelf, l^c, covenant to pay the -marriage portion ; and the faid D. B. and o. C. Cc2 for APPENDIX. for themfelves feverally and refpeflively, and for their feveral and icfpedlive heirs and affigns (but not the one ior the other of them) do hereby covenant with the faid H, W. W, his heirs and afTigns, That on the requeft ({ignified in writing to them refpedively) and at the cofts and charges of any of the iffue of the faid recited mar- riage, who fiiall become entitled to an equitable eftate tail, under or by virtue of thefe prefents, of and in the faid premiffes, fuch iffue being at the time of fuch re- queft, of the age of twenty-one years) do, after the ful- filling and fatisfaflion of the trufts hereby created, or raifed, or intended fo to be ; then on the requeft (ftgni- fied in writing as aforefaid) and at the cofts and charges of him the faid H. W. JF. his heirs or afligns, furren- der and yield up, according to the cuftom of the faid manor of , the legal eftate then in them, vefted of and in the faid premiffes, and every part thereof, to the ufe and behoof of the heirs of the body of the faid H. IV, JV, on the body of the faid Mary his wife be- gotten, in fuch parts, fhares, and proportions as afore- faid ; and in default of fuch, to the ufe and behoof of the heirs and affigns of the faid H. IV. JV. for ever, at the will of the lord, according to the cuftom of the faid manor; and laftly, &c. (Here a claufe enabling the truflecsto retain expences, fe'c. and not to be anfvvcr- able for each other). If the wife is entitled by the cuftom of this manor to her dower, (lie nnift join with her hufband in the furrender, and be privately ex- amined, as the fetilcment is made fubfequcnt to the marriage, Rckafe APPENDIX. 389 Releafe of the Equity of Redemption of Copyhold EJiiite, hy hidorfcment on the Mot tgage. To nil to whom thefe prefents (hall c( me, t^c. A. B, gentleman, party to the within-written indenture, fend- eth greeting. Whereas default was made in payment of the within-mentioned fum of two hundred and fifty pounds and intereft, at the day in the within -mentioned provifo for redemption, limited for payment thereof; %vhereby the eftate and intereft of the within naiued C. Z). of and in the within-mentioned copyhold pre- milies, became abfolute at law and redeemable only ia equity ; and thereupon alio the faid C. D. became en- titled to be admitted, and has fince accordingly at a court held for the faid manor, on the day of lafl, been duly admitted tenant to the faid melTuage, Ss'c, hereditaments and premilTes, with the appurtenances within covenanted, to be and lince furrendered to the faid C. D. to hold the fame to the ufe of the faid C. D. his heirs and afhgns forever, according to the tenure of the furrender thereof made, and fubjedl to the pro- vifo or condition for redemption of the fame premiiTes in the faid furrender, and within-mentioned and con- tained, to be holden of the lord of the manor of B. at the will of the lord, by copy of the court-roll, acccord- ing to the cuftom of the faid manor, by the yearly and other rents duties, fuits, and ferviccs therefore due and of right accuftomed to be paid and performed, freed and diicharged of and from all other claims and demands whatfoever of him the faid A. B. and his heirs, or any other perfon or perfons whomfoever, fave and C c 3 except APPENDIX. except the fa'ul mortgage debt or fum of two hundred and iifty pounds, and the intcreft due or to grow due for the falne ; and whereas there is now remaining juftly due and owing unto the faid C. D. upon or by virtue of the within-written mortgage fecurity, the faid principal fum of two hundred and fifty poimds, and no more, all intereft due for the lame, up to the day of the date of thefe prefents, having been fully paid, fatisfied, and difcharged to the faid C. D. as he doth hereby ad- . mit and acknowledge ; and whereas the faid C. D. hath contrafted and agreed with the faid A, B. for the ab- folute purchafe of the fce-fimple and inheritance in pofleffion of and in the within-mentioned mortgaged premifles, with the appurtenances, free from all incum- brances whatfoever, at or for the price or fum of three hundred and eighty pounds ; now know ye, that in pur- fuance of the faid agreemeni, and for and in confidera- tion of the fum of two hundred and fifty pounds fo lent and advanced by the faid C. -D. to the faid J. B, and now due and owing to the faid C. D. as aforefaid ; and for and in conlideration of the further fum of one hundred and thirty pounds of lawful money of the united kingdoms of Great Britain and Ireland, current in England, to the faid J. B. in hand alfo, well and truly paid by the faid C. D. at or before the fcaling and delivery of ihefe prefents, the receipt and payment of which faid fum of one hundred and thirty pounds, makino; toQ;ether with the faid fum of two hundred and fifty pounds, the fum of three hundred and eighty pounds; and that the fame is in full of the confidera- tion-money for the abfolutc purchafe of the fee-fimple and inheritance in jiofTeffion, and all right, benefit^ and equity of redemption of him the faid y^. B, of, into, or out of the within-mentioned mclfuagc, t£^c, heredita- ments APPENDIX. ments and premifTej;, with the appurtenances, he the faid A. B. doth herein' admit and acknowledge, and thereof, and of and roin every part thereof, and all claims and demands in refped thereof, doth acquit, releafe, exone- rate, and for ever difcharge the faid C. D. his heirs, exe- cutors, adininiftrators, and affigns, and every of them by thefe prefents, he the faid A. B. hath granted, remif- ed, releafed, quitted, claim, and coniirmed, and by thefe prefents, executors, adminiftrators, and alTigns, and every of them by thefe prefents, doth grant, rcmife, releafe, c|uit-claim, and confirm unto the faid C Z>. his heirs and affigns, the provifo or agreement for redemption of the faid mcifuage, and, <^c. hereditaments and premiifes in the within-written indenture mentioned and contain- ed, and all and all manner of right, title, interefl, con- dition, benefit, and equity of redemption, inheritance, property, polTtffion, benefit, claim, and demand what- foever of him the faid A. H. either at law and in equity of, into, or out of the fame premifTes, every or any part thereof, henceforth for ever, to the end, intent, and purpofe that the faid C. D, his heirs and affigns, fhall and may henceforth for ever hereafter peaceably and quietly hold and enjoy the faid within-mentioned mef- fuage and, ^c. hereditaments and premises, with the appurtenances hereby releafed, or intended fo to be, unto the faid C, D, his heirs and affigns, to the only proper ufc and behoof of the faid C. D, his heirs and affigns for ever, freed, exonerated, and difcharged, and of and from the provifo, or agreement, for redemption of the faid premiffijs within mentioned and contained, and all other right and equity of redemption whatfocver. A. B. covenants that he has done no a.Oi to incum- ber, &c. and further affurance, &7V. C c 4 Proz'ifo 39^ 392 APPENDIX. Proii'i/o to he wjerted in a Conveyance ivliere Free- hold and Copyhold Premijfes are comprized, in order to prevent a Forfeiture of the Copyhold, in cafe any of them fhoidd (through ni'iflake) htz infer ted and releafed zvlth and amongji the FreC' hold Parcels. provided always, and it is hereby declared and agreed, that thefe prefents fiiall not, nor fliall any of the grants and releafes hereby made, be fo conftrued, or deemed to comprize, include, or extend to pafs, or con- vey any copyhold or cuftomary lands, tenements, or hereditaments whatfoever, in cafe any fuch are or fliall appear to be mentioned, defcribed, or contained in the grants or releafes of freehold land?, tenements, and hereditaments, made or intended to be made by thefe prefents. But, on the contrary, all fuch copyhold or cuftomary lands and hereditaments as are laft herein- before mentioned, if any fuch there are, fliall be deemed to be comprized in, and to be equitably bound by the covenant therein contained for furrendering the cuf- tomary or copyhold piemifles hereinbefore particularly mentioned; to the end and intent that no forfeiture may be committed of any copyhold or cuftomary lands, tenements, or hereditaments, by the execution of thefe prefents, t^r. jfgreemmf APPENDIX. 393 \^greement and Covfent hy the Copyholders, Free" holders^ and Inhabitants, and for the Lord to hidofe Fart of a Commori, for the Furpofe of planting ajid preferi'ing Trees Jit for Finiher, or Underwood y piirfiiant to Statute 29 Geo. II. c. 36. Articles, ^c. between -^, B. and C. D. &c. which faid J.B. and CD. bjc. are the major part in number and value of the owners and occupiers of tenements to which right of common of pafture on tl e waflecr com- mon called L. in the manor of h. in tl ? county of B. cloth belong, of the firft part; the Right Honourable William Lord B. lord of the manor of 11. aforefaid, and fuch owners o\ the faid Toil of the faid common or wafte, of the fecond part ; and E. F. of, is^c. overfeers of the poor of the parifh of Z. aforefaid, of the third part. Witnefs, that in confidcration of the covenants and agreements hereinafter contained on the part of tiie faid William Lord B. they the laid parties hereto, of the firft part, do hereby feverally and rcfpectively co- venant, promife, and agree to and with the faid William Lord B, his heirs and afligns, that it fliall and may be lawful to and for the faid William Lord B. his heirs and afligns, to inclofe and keep in fev^ralty to hini the faid William Lord B. his heirs and affigns for ever, for the growth and prefervation of timber or underwood, all that, feV. and that the faid feveral pieces or parcels of land or wafte ground, fliall and may forever hereafter be held and enjoyed by the laid William Lord B. his heirs and afligns in feveralty, for the growth and pre- fervation of timber or underwood; according to the true intent 394 APPENDIX. intent and meaning of a certain a6l of parliament made, k^c. intitled, i^c, and in confideration of the covenants and, agreements hereinbefore contained, on the part of the faid parties hereto, of the firft part, the faid William Lord B. with the privity, confent, and approbation of the faid parties hereto of the firft part, telVified, l^c, doth hereby forhimfelf, his^heirs, executors, and admi- niftrators, and every of them, covenant, promife, and agree to and with the faid E. F. thit he the faid Wil- liam Lord B. his heirs, executors, adminftrators, or ailigns, fliall and will, in or before the day ot — — ■ now next enfuing, well and truly pay or caufe to be paid unto the faid E. F. or to the overfeer of the poor of the parifli of L. aforefaid, for the time being, the full fum of pounds of lawful money, l^c. as a recom- penfe for fuch inclofure as aforefaid, to be by the faid E.F. or fuch overfeer for t!ie time, applied and dilpofed of in fuch manner and for fuch purpofes as by the faid aft is and are direflcd concerning money agreed to be given as a recompenfe for fuch inclofures as are therein mentioned, to and for the benefit of the owners and occupiers of tenements to which right of common in luch waftes, woods, and paftures as are therein men- tioned, doJa belong. In -.vilners, iSjc. Bargain and Sale of a Bankrupt's Copyhold Efl ate, from the Commijfioucrs to the Jffignees. This indenture, made, ^c between Tho. H.Henry 5. and fohn T. Efquires, the major part of the commif- iioners named and authorized in and by a commiflion of bankrupt. APPENDIX. 395 bankrupt, awarded and iffucd agaiiifi: /. C. late of, '^Jc, in the county of —— , maltfter, dealer and chap- man, of the one part ; and A. B. of, ^c. maltder, and C. D. of, is^c. miller, the affignees under the faid com- Recital of miffion, of the other part. Whereas his Majefly's com- Commiflioa. miflion, under the great feal of Great Britain (grounded upon the feveral llatutcs made and now in force con- cerning bankrupts) bearing date at IVcfiminJicr the 24th day of June laft paft, hath been awarded and iffued againft the faid /. C. direi^ed to the faid Iho. H. Henry S. and John T. together with Echvard TV. Efquire, and Rob, F. gent, thereby giving full power and authority to them the faid commifTioners, four or three of them to execute the fame. And whereas the faid commiffioners, '^'^'^f "^ ''f trading and parties to thefe prefents, or the major part of the faid bankruptcy, commiflioners by the faid commifiion named and autho- rized, upon due examination of witncffcs, and other 'Tood and fuflicient proof upon oath before them had and taken, have found that the faid /. C. did, for the Ipace of * years and upwards, previous to rhe date and fuing forth of the faid commilTion, carry on the trade and bulinefs of a maltfter, dealer and chapman, by buying and felling large quantities of malt, and there- by fought and endeavoured to get his living, as others of the fame bufinefs ufually do, and in the courfe of his faid trading and dealing as aforefaid, became juftly and truly indebted to James N. -]- of , aforefaid, in the fum of 100/. and upwards ; and have alfo found upon good proof upon oath, that the faid /. C. did before the date and fuing forth of the faid commiffion, in the judgrfient of the faid commiffionsrs, parties * The time mentioned in the [>roof of the trading and bank- ruptcy. ■\- The petitioning creditor. hereto, 396 APPENDIX. hereto, become bankrupr, within the true intent and meaning of the feveral ftatutes made and now in force concerning bankrupts, fonie or one of them, and have Choice of adjudged and declared him bankrupt accoidingly ; and A%nces. whereas at a meeting of the major part of the com- miffioners in and by the faid commilTion naaied and authorized, at the Guildhall of thf city of London, oa the — ■ — day of laft paft, purfuant to notice in the London Gazette ior that purpofe given, the major part in value of the creditors of the faid /, C. then prefent, and who had proved their debts under the faid com-< mifiion, and whofe debts refpe£lfully amounted to lol. or upwards, did nominate, eleft, and choofe the faid J. B. and C, Z). to be aflignces of the eflatc and effedf s of the faid /. C. and direfted a bargain and fale thereof to be made to them accordingly, by the faid com- miiTioners : and whereas the major part of the com- rniflioaers, parties to thcfe prefents, in further execution of the faid commiiTaon, and by due examination of witnefTes upon oath found, or it otherwife appeared unto them, that the faid i. C, at the time he became bank- rupt as aforefaid, was fcifed or poffcired of a certain copyhold or cuftomary meffage or tenemenr, and pre- iniffes, held by the faid /. C. of the manor of A. in the county of B. by copy of court-roll of the faid manor, to him and his heirs for ever, at the will of the lord, according to Lnc cuflom of the faid manor. Now this indenture witnclleth, that the faid com- railTioner'^, parties to thefe prefents, being the major part of the comuiiilioners in and by the faid commilTion named and authorized, in confideration of five fnillings to them in hand paid by the faid A. B. and C, D. at or before the fcoling and delivery of thefe prefents, the receipt whereof is hereby acknowledged, have ordered, granted, APPENDIX. 397 granted, bargained, fold, an,! by thefc f refents do (a3 much as In them the I'aid commilhoncrs, parties to thefe prclents lie, and they lawfully may) order, grant, bar- gain, and fell unto the faid J. B. and C. D, their heirs and affigns, all and lingular the faid copyhold or cuftom- ary mefTuage or tenement, anr! premilTes. and alfo all and lingular other the faid bankrupt's copyhold lands and tenements, and hereditaments, held of the faid manor of ^. and alfo all the eftate, right, title, intereft, ule, truft, property, polfefhon, benefit, equity of redemp- tion, claim and demand whatfoever, which he the faid /. C. at the time of his becoming bankrupt as aforelaicf, had of, in, or to all and fingular the faid copyhold, or cuftomary meffuage or tenement, and all and fingular other the premiffes hereinbefore mentioned, and here- by ordered, bargained, and fold, or mentioned, or in- tended fo to be, with their and every of their appurte- nances ; and alfo all other copyhold or cuftomary mef- fuages, lands, tenements, and hereditaments whatfoever and wherefoever, which he the faid /. C, hath purchafed or obtained for money, or other recompenfe, jointly with his wife, children or child, to the only ufe of huu the faid /. C. and alfo all fuch ufe, eftate, intereft, right, and title whatfoever, which he the faid /. C. had of, in, or to any copyhold or cuftomary meftuagcs, lands, tenements, or htreditaments whatfoever, at the time he became bankrupt as aforefaid, which he could depart withal ; and all and lingular other the premiffes hereinbefore ordered, bargained, and fold, or mentioned or intended fo to be, to have and to hold the faid copy- hold or cuftomary mclTuage or tenement and premiffes hereby ordered, bagained, and fold, or mentioned or in- tended fo to be, with their and every of their appurte- nances, unto them the faid /I. B, and C. D, their heirs and 39S APPENDIX. and afTignsj unto and for the only proper benefit and advantage of them the faid J, B. and C. D. their heirs and afTiiins for ever, according; to the faid /. C. his ri2;ht and intereft therein, fubjed to fuch mortgage or mort- gages, or other charges and incumbrances, if any fuch there be, as the fai/ie are legally charged with and liable to; in truu, ncverthelef::, for the benefit and advan- tase of them the faid A. B. and C. D, and all and every other the creditors of the faid /. C, who already have, or fhall hereafter in due time come in and feek relief bv virtue of the faid commifTion, or any renewed com- miflion againfl the faid 1. C. and duly prove and afcer- tain their feveral and refpeflive debts under the fame, according to the dire£\ions and limitations of the faid flatutes : and as to the overplus, if any fliall be, after payment and fatisfa£lion of all fuch debt or debts as fliall or may be proved under the faid commifTion, or any renewed commifrion againfl the faid /. C. and the charges of fuing forth and profecuting the fame, in trufl for the faid /. C. his heirs or affigns, according to the faid ftatutes, and the true intent and meaning thereof. And the faid A. B, and C D, do hereby for themfelves fevcrallv, and not the one for the other of them, and for their feveral heirs, executors, and adminiflrat- Cwenrttu from ors, covenant, promife, and agree with and to the faid thcvTil.tr commilTioners, parties hereto, by thefe prefents, and aflmiiud toand with and to every and each of them, their executors nlint!il?tf" ^^^ adminiflratorc, that is to fay, that each of them the with all com-c- f^-.j _//. B. and C. D. thcir heirs and ailigns, (liali and i.itut i'jccd. , , ^ • 1 1 ^ u» wi!!, at rlic next general or fpccial court-baron to be holdcn for the faid manor of J. caufe or procure them- felves to he admitted tenants of the faid manor of A. for the faid copyhold or cullomary mclluage or tene- ment, and premiffes, at the will of the prelcnt or any future APPENDIX. 399 iuture lord or lordsj Lidy or ladies of the faid manor of A, by the rod, according to the cuftom of the i;iiJ ma- nor; and (hall alfo pay and compound with the lord or lords, lady or ladies ol the fa'd manor, for the refpeflive fines and heriots due on fuch admittance for the fame refpedively ; and alfo pay and fatisfy to the fteward of the faid manor, his refpei^ive fees and charges for the faid admittance ; and alfo fliall and will, after their faid admittance as aforefaid, make fale and dilpofition, fur- render and yield up, or othcrwife, of the faid copyhold or cuftomary meffuages or tenements, and heredita- ments, with all convenient fpeed, to any perfon or per- fons, to and for the mod money and heft price or prices that can or may, bona fide^ be had and obtained for the fame : and further, that they the faid A. B. and C. D, their heirs, executors, and adminiftrators, fliall and will, from time to time, and at all times hereafter, upon reafonable rcqueft or notice to them given for that pur- pofc, under the hands of the commifiioners by the faid commiflion, or any renewed commifTion, authorized as aforefaid, or the major part of them, render and give unto the faid commiflioners, by the faid commiHion, or any renewed commiflion authorized as aforefaid, Covenant from or the maior part of them, a iuft and true account aH'gnees to ac- ■' ' -^ count upon oatli of all and every fuch fum or funis of money, or Forthe bank- other fatisfadion, which they the faid J.B. and C. D. ^I'^'^ ^-'^^t^^. their heirs, executor--, or adminiflrators relpe6l'vely fiiall or may have received, obtained, or railed, by vir- tue of thefe prefents, or by means of this prefent deed of bargain and fale, out of the eflates of the faid /. C hereby ordered, bargained, and fold ; and all fuch mo- nies, or other fatisfaction, as fliall appear to b-e fo by them received as a'orefaid, they the faid A. B. and C. D. lluiU and will (after all juft allowances thereout deduftcd) 400 APPENDIX. deduflec!) upon the like reafonable requeft, well ana truly pay, latisfy, and render, or caufe to be paid, fatis- lied, and rendered to them the laid commilTioners au- thorized, or the major part of them, as they or the ma- jor part of them Hiall direft or appoint under their hands, to the end the fame monies or other fatisfaflion may be. by them the faid commifTioners, in and by the faid commilTion, or any renewed commiffion authorized^ or the mafor part of them, ordered, difpofed, diitri^ buted, and divided unto and amongil all and every the creditors of the faid /. C who have already come in, or fhall hereafter in due time come in and feek relief by virtue of the faid commiflion, according to the limi- Tarions of the feveral flatutcs therein mentioned as aforenrid, to the end tlie fame monies and other fatis- fa£lion may be anfwered and paid to the creditors feeking relief as aforcfaid, proportionably, according to their feveral delfts due and owing to them refpec- tivcly from the faid/. C. according to the order of dividend, to be made by the faid commiflioners of the fame; and until fuch monies fhall be fo difpofed of and divided^ fli;ill and will pay and depofit the fame into the hands of > banker?, as often as the fame fliall amount C'n-cnnnr to to the fum of icol. and upward?. And they the faid i'^'''''^"^";.^' '''^ A. B. and C. D. fcr themfclvcs, their heir?, executors, and admiiiilirator^, do hcrclw further covenant, pro- i;iirc, and agree, to and with the faid commi(Iioners,'par- tics hereto, and to and with every of them, and their executors and adminiflrators, that they the faid A. ^. and C. J), their heirs and afhgnr,, flKill and will from time to tiinc, and at all times hereafter, well and fuffi- cicuily iavc, defend, keep harmlefs, and indemnihed, as well the faid commiflioncr?, parties to thefe pre- fcnis, in and by the faid ccmmiilion named and au- thorized. APPENDIX. ^•horizecl, or by any renewed commiflion to be named or authorized, and their heirs, executors, and adminiftrat- ors, and every of them, as their and every of their bodies, goods, chattels, lands, and tenements, and every of them, their and every of their mefl'engers, agents, and fervanl3 who have been by them employed in or about the execution of the faid commiffion of, from, and againft all and all manner of a6lions, fuits, troubles, charges, damages, and expences vvhatfoever, that (hall or may at any time or times hereafter arife, happen, or come unto them the faid commiffioners, or any or either of them, or any of their meffengers, agents, and fervants, heirs, executors, or adminiftrators, for or by reafon or means of this prefent deed of bargain and fale, or any other act, matter, or thing by them, or either or any of them, lawfully acted or done by virtue of the faid recited com milFion, or by their or any of their lawful intermeddling in the eftate or cfFefts of the faid /. C In witnefs, (sfc, Notwithftanding the advice given by Lord Hardivicke to commifiioners of bankrupts to except copyholds out of the deed of affignmenr, in order that the commiffioners might convey in the firft inftance to a purchafer, to preclude the neceffity of the admittance of the affignees (for which a fine would be due from the eftate to the lord) it is presumed, there maybe many cafes where it may be adviseable for the affignees IQ be admitted. p d Pmif$ ¥>i 4^^ APPENDIX. Demifn of tVaftefrom a Lord to a Commoner for Ninety-nine Years. This indenture, l^c. between H. M. of, l^c. Efquire, lord of the manor of B, in the county of Y. of the one part ; and A, B. of, &c. of the other part, witnefleth. That, in confideration of the yearly rent hereafter re- fcrved, and of ten pounds of lawtul money,^ ^c he the faid H. M. hath granted, demifed, and to farm-letten, and by thefe prefents doth, &'c. unto the faid A. B. his executors, adminiftrators, and afligns, all that piece or parcel of wafle land, lying and being at, ^c. within the faid manor of B. together with all ways, ^c. to have and to hold the faid piece or parcel of wafte land, heredita- ments, and all and fingular other the premifles thereby granted and demifed, or intended fo to be, and every part thereof, with the appurtenances thereto belonging «nto the faid A. B. his executors, adminiftrators, and affigns, from the day next before the day of the date of thefe prefents, for and during, and unto the full end and term of ninety-nine years from thence next enfuing, and fully to be complete and ended, without impeach- ment of wafte ; yielding and paying therefore yearly, and every year, on the twenty-fifth day of December in every year during the faid term, unto the faid H. M. his heirs and aftlgns, the yearly rent, or fum of two pounds of lawful money of the united kingdom, i^c, free and clear of and from all taxes and deduftions whatfoever, by two equal half-yearly payments ; the firft payment thereof to begin and be made on the day of next, l^c. Provided always, that this prefent leafc or demife, or any thiag herein con- tained. APPENDIX. tained, fliall not extinguifb, or be deemed or con- llrufted to extinguifh or deilroy the right of common for Iheep and other cattle, on the commons of the faid A» B. his heirs or afligns.. of, in, to, from, upon, or out of all or any part of the commonable or waftc lands or grounds lying and being within the manor of B.; but the fame commons, and rigtits of commons, Ihall and may be had, held, taken, and enjoyed by him and them, as fully to all intents and purpofes, as before the mak- ing of thefe prefcnts, and as if the fame had not beeni inade or executed, la witnefs> ^c. 405^ ReJeafe of Common hy fever aJ Tenants of a Manor to the Lordi This indenture, made the • ■ ■ day of , in the year, l^c, between A. B., C. D.^ and E, F., and the feveral other perfons whofe names are hereunder fub- fcribed and written, being refpeftively freeholders of and in the manor of B., in the county of Y., of the one part ; and T.Af. ofj i^c, Efquire, lord of the faid manor o(B. of the other part, witnefreth,That as well in con- sideration of the fum of ten fhillings of lawful money of the united kingdom, ^c. to the faid A, B,, C, D,, and E, F, and feveral other perfons aforefaid, in hand paid, well and truly, by the faid T. M. at or before the fealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged, and for divers other good caufes and valuable confiderations them thereunto moving, they the faid A. B., C. £>,, and E. F.y and the P d 2, feveral 404 APPENDIX. fcveral other perfons as aforefaid, have, and each and evei y of them hath granted, bargained, fold, remUed, re- leafed, ratified, and confirmed, and by thefe prefents,da, Cs^f. unto the faid T.Af.h\s heirs and alfigns, bfc. all and all manner of commons, common of pafture, common of turbary, common of pifcary, cftovers, liberty of dig- ging for coals, Hone, and all other mines, metals, and minerals,and all other common whatfoever, of, in, upon, and out of all thofe feveral farms, lands, tenements, and hereditaments, called or known by the refpedtive names of S. and T, PF. ^c. lying and being at and within, and part of the faid manor of B. in the laid county of Y. the eftate, right, title, intereft, inherit- ance, ufe, trull, property, polTeflion, benefit, claim, and demand whatfoever of them the faid yJ. B,, C. -D., and £". F. and feveral other perfons as aforefaid, and of each and every, or any of them of, in, to, or out of the fame premiffes, every, or any part thereof, to have and to hold all and fingular the faid commons of pafture, turbary, and pifcary, cftovers, and all and fingular other the faid feveral hereditaments and premiffes hereby granted and rcleafed, or intended fo to be, and every part thereof, with their and every of their rights, mem- bers, and appurtenances to the fame belonginr, unto the faid T, M. his heirs and affigns, to the only proper ufc and behoof of the faid T. Af. his heirs and afligns for ever, together with full and free liberty, power and authority to and for the faid T. AT. his heirs and alTigns, and his and their agents, fervants, and workmen, and all and every perfon and perfons by him or them there- unto lawfully authorized, to inclofe, pail, and fence in, and to hold, ufc, and enjoy the fame feveral farms, lands, tenements, and hereditaments, piece-^-, or parcels of land, ftnd prcmiifcs in fuch way and manner as he or they flial.1 thinK APPENDIX. 405 think fit and proper, faving always, and referving out of thefe prefents unto the laid J. B. C. D, E. F. and the feveral other perfons as aforefaid, and their and each and every of their refpeftive heirs and affigns, all fuch commons and right of commons of and in, upon, from, or out of all other the commonable and wafte lands, lying and being within the faid manor of B. (other than and except the faid feveral pieces or parcels of land hereinbefore particularly mentioned and defcribed, with their refpeftive appurtenances) as they and each and every of them had and were ufcd, and accuftomed to have prior to and before the mak- ing and executing of thefe prefents ; or could, or might have had, held, ufed, or enjoyed, if the fame had not been made. In witnefs, Isle. *^» As this work is considered a sort oi Fademecumf and ^ay probably be made to attend gentlemen holding coTirts at a diftance from their studies or offices, it may not be deemed impertinent or ufelefs to add in this place, Extra 1? £ N t) t X. *« For remedy of which mifchief, fo frequently hap- pening to luch leffcrs or reveifioners, be it enaded by the King's mod Excellent Majefty, by and with the ad- vice and conferit of the lords fpiritual and temporal, and the commons, in this prefent parliament aflembled, and by the authority of the fame, that if fuch perfon or per- fons, for whofe life or lives fuch eftates have been or fhall be granted as aforefaid, fhall remain beyond the feas, or elfewhere abfent themfelves in this realm, by the fpace of feven years together, and no fufficient and evident proof be made of the lives of fuch perfon or perfons rcfpeflively, in any a£tion commenced for re- covery of fuch tenements by the leflbrs or reverlioners; in every fuch cafe the perfon or perfons upon whofe life or lives fuch eftate depended, fhall be accounted as na- turally dead ; and in evefy aftion brought for the reco- very of the faid tenements by the leffors or reverfioners, their heirs or afligns, the judges before whom fuch ac- tion fhall be brought, fhall direft the jury to give their verdift as if the perfon fo remaining beyond the feas, or othcrwife abfenting himfelf, were dead. Provided always, and be it enabled, " That if any perfon or perfons fhall be evided out of any lands or te- nements by virtue of this a£l, and afterwards, if fuch perfon or perfons, upon whofe life or lives fuch eftate or eftates depend, fhall return again from beyond feas, or fhall on proof in any adlion to be brought for the re- covery of the fame, be made to appear to be living, or to have been living at the time of the evi£\ion ; that then and from thenceforth, the tenant or lefTee who wasouft^d of the fame, his or their executors, admi- niftrators, or afligns, fViall or may re-enter, re-poffefs, have, hold, and enjoy the faid lands or tenements in his or their former eftate, for and during the life or lives, APPENDIX. 409 ex fo long term as the faid perfon or perfons upon whofe life or lives the faid eftate or eftates depend, (l)all be living; and alio fhali, upon aftion or afllons to be brought by him or them againft the leflbrs, rever- sioners, or tenants in polfeffion, or other perfons refpec- tively, which fince the time of the faid eviction received the profits of the faid lands or tenements, recover for e admitted thereto, Bor A P P E N D I X. 415 nor for the omiflion, denial, or refufal of any fuch in- fant or feme covert to pay any fine or fines, impofed or fet upon their or any of their admittances to any fuch copyhold melTuages, lands, tenements, or heredita- ments ; any law, ufage, or cuftom to the contrary thereof notwith (landing. VI. Provided neverthdcfs, " That if the faid fine or fines, impofed in any of the cafes before mentioned, fhall not be warranted by the cuftom of the manor, or Ihall be unlawful, that then {\xck'.ni?.nx. or feme covert fliall be at liberty to controvert the legality of fuch fine or fines in fuch manner as he or fhe might have done if this a£t had never been made ; any thing herein con- tained to the contrary notwithftanding." Extrad of the 29tb of oeorge the Second, c. 36, yln A61 for'inchfing^ hy mutual ConJe7it of the Lords and Tenants i Part of any Common, for the Pur- fofe of planting and freferv'wg Trees fit for Tim- her or Underivood \ and for more eff equally pre- venting the unla-ivful DeflruBmi of Trees, ** Whereas by the ftatute made at Aferton, it was ■provided and granted, that lords of waflcs, woods, and paftures, in which their tenants have common of paf- ture, referving to their tenants fufficient pafture, as much as belongeth to their tenements, with fufficient ingrefs and egrefs to the fame, may approve the refi- due of fuch walles^ woods, and paftures: And whereas by -"0 4i6 APPENDIX. by a ftatute made in the thirteenth year of the reign of King Edward the Third, commonly called The Statute of IVeJlmhifler the Second, it was ordained, that the faid ftatute of Merton fliould hold place between lords of waftes, woods, and paflures, and their neighbours^ having common appurtenant therein; and provifion is thereby made againft calling down dikes and hedges levied by fuch as have right fo to approve : And where- as by an a£l made in the third and fourth year of the reign of King Edzvard X.\\& Sixth, entituled, An Aft concerning the approvement of moors and vvafte grounds, the faid ftatutes and all articles thereof then jt)Ot repealed, were confirmed: And whereas the faid pro- vifions for the approvement of waftes, woods, and paf'- tures, have been in many cafes rendered ineffectual by the contradiction and diffent of a few perfons having right of common in the faid waftes, woods, and paftures; who, under pretence that fufiicient pafture is not re- ferved to them, difturb the lords of fuch waftes, woods, and paftures, or their afligns, in the pofl'eflion of the ground and foil fo approved, and difcourage them from affcrting their right to make or continue fuch approve- ment: And whereas the general provilions made by an aft of the thirty-fifth year of the reign of King Henry the Eighth, and by feveral other afts of parliament, for preferving Vv'oods ; and the particular provilions made by two feveral acts of parliament the twentieth year of King Charles the Second, intituled, An aft for the in- creafe and prefervation of timber within the Foreji of Dean; and the other of the ninth and tenth year of the reign of King T4^ill}am the Third, intituled. An aft for the incfeafe and prefervation of timber in the New ForeJ}^ in the county of Sotithampton ; whereby part of ihe waite lands of feveral forefts are direfted to be inn A I> P E N D I X, indofed and kept in feveralty for the growth and prefer- vation of timber, have not been duly pat in execution ; and whereas for want of a proper fupply of timber of the gro.vth of this kingdom, a great quantity of foreigu timber is neceflarily ufed for building fhips and houfes, and for other purpofes ; and the general price of timber and wood is greatly increafed. And whereas many trafts of wafte land, unfit for tillage orpafture, but ca- pable of producing different kinds of trees, may conve- niently be irtclofed for the growth of timber and under- wood, to the advantage both of the owners of the ground and foil of fuch waftcs, and alfo fuch as have right of common therein, and fuch inclofure will alfo be o£ public utility," It is therefore enafiedf " That it fhall and may be lawful to and for his Majefty, his heirs and fucceflbrs, and all other owners of wafte goods and paf- tures in that part of Great Britain called England, wherein any perfon or perfons, or body or bodies politic or corporate, hath or have right of common of pafture^ by and with the alTent of the major part in number and value of the owners and occupiers of tenements to which the faid right of common of pafture doth belongs and to and for the major part in number and value of the owners and occupiers of fuch tenements, by and with the aflent of the owner or owners of the faid waftes, woods, and paftures, and to or for any other perfon or perfons, or body politic or corporate, by and with the alTent and grant of the owner or owners of fuch waftes, woods, and paftures, and the major part in number and value of the owners and occupiers of fuch tenements, to inclofe and keep in feveralty for the growth and pre- fervation of timber or underwood, any part of fuch waftes, vroods, and paftures, for fuch l»me, and fuch E e manner. 41? 4iS Appendix; manner, and upon fuch conditions, as fli all be agreed by them refpeftively. • Provided always, *' That every agreement for fuch inclofure fl^all be in v/riting, and iigned by the parties ; and the fame (hall be regiftered and enrolled by the clerk of the peace for the county, riding, or divifion where fuch wafteS, vvoods^ or paftures, or the greater part of them fhall be, within three months next after the execution of fuch agreement. Provided al/o, and !/e it ena^ed^ ** That it fhall and may be lawftil to and for all perfons or bodies po- litic or corporate, who fhall think themfelves inpied or aggrieved by fuch agreement, or for any perfons in their behalf, within iix months next after any fuch agree- 7nent fhall be regif^ered and enrolled in manner afore- faid, to make complaint thereof by appeal to the juftices of the peace, at any quarter feffions to be held for the fame county, riding, or divition ; who are hereby au- thorized and required to hear and determine fuch appeal, and whofe determination therein fhall be final : and if no fuch appeal fhall he made, then the faid agreement fo regiftered and enrolled as aforefaid, fhall be for ever binding to all perfons whatfocver, without any furthex or other snncal," Exlra^ APPENDIX. 419 Extracl 37th George the ThIrJ, c. 90. An A3 for granting to his Majefty certain Stamp Duties on the feveral Matters therein mentioned, and for belter fe curing the Duties on Certificates to be taken out by Solicitors^ Attor- files J and others, pratflfing In certain Courts of Juftlce In Great Btltaln. "That there fhnll be ralfed, levied, colle6led, and paid, throughout the kingdom of Great Britalny upon every Ikin, or piece of vellum or parchment, or flieet or piece of paper, on which any of the feveral matters hereinafter mentioned fhall, from and after the fifth day of July one thoufand feven hundred and ninety- feven, be engrofled, printed, or written, the refpe£live ftamp duties following; that is to fay, *' Any furrender of, or admittance to, any copyhold land or tenement (except fuch copyhold land or tene- ment as fhall not exceed the clear yearly value of twenty fhillings; and alfo except the original furrender to the ufe of a will) or any grant or leafe by copy of court- roll, or any other copy of the court-roll of any honour or manor (other than the court-roll or book wherein the proceedings of the court are entered and enrolled) the fum of three fhillings : ** Any copy of any furrender of, or admittance to, any cuftom-right or tenant-right eftate, not being copy- hold, which fliall pafs by furrender and admittance, or by admittance only, and which fhall not pafs by Aced, except fuch cuftom-right or tenant-right eftates as fhall not exceed the clear yearly value of twenty fliillings) the fum of three fliillings." Eec4 XL And 420 APPENDIX. XL And be it further enabled, " That for and iw- rcfpeft of each and every copyhold tenement of ther value of twenty fhiHings//fr annum^ or upwards, men" tioned in any furrcnder, admittance, or copy of court- roll, of any honour or manor, and each and every cuf- tom-rightor tenant right-tenement, not being copyhold (of the value before mentioned) mentioned in any farrender, admittance, or inftrument of admittance^ whereupon a feveral fine (hall be due or payable to the lord or lady of any honour or manor, or a feveral fee fhall be demanded or received by any ftevvard, or deputy ■ffeward, of fuch honour or manor, a diftinfl and feveral ftamp duty fliall be charged according to the amount of all the duties impofcd thereon by this a£V, and any former aft or afts in force on and immediately before the paffing of this aft." XII. And be it further enafted, «* That if any ^t"^- ard or other officer of any copyhold court, or of any cuftomary or tenant-right court, not being copyhold, fhall demand, take, or receive, from any perfon what- ever, any fine or fee for any furrender or admittance of or to anv copyhold tenement, or for any grant or leafe by copy of any court-roll, or for any other copy of the court-roll of any honour or manor, or for any furrender or admittance, or inftrument of admittance, to any cullom-right or tenant-right tenement, not being copy- hold, without at the fame time demanding and receiving tlie {lan)p duty in rclpeft of each feveral and diftinft tenement as aforefaid, then and in every fuch cafe every fuch flevvard or other officer fhall, for every fuch of- fence, forfeit and pay the fum of twenty pounds, and the duties which (hall be due and payable thereon, whe- ther the fame (hall have been fo received by the fteward or other officer as aforefaid, or not, (hall be a debt to his APPENDIX. 421 his Majefty, his licirs and fucceflo,-s, of the fteward or officer who (hall or ought to have received the fame; and if the famefhall not be received by fuch fteward or other officer, then the faid duties (hall alfo be a debt to his Majefly, his heirs and fuccelTors, of the perfon or perfons to whom any eftate as aforefaid fiiall pafs by force of any furrender, admittance, or copy, or inftru- ment of admittance, which fhall not be fo ftamped as aforefaid." XIII. And be it further enaaed, *' That if any fteward or other officer of any honour or manor fhali receive the duties payable on any fuch furrender, ad- mittance, inftrument of admittance, or copy as afore- faid, and fhall negleft to purchafe the proper Hanips for the fame, and to pay the (lamp duty fo received to the officer appointed by the commiffioners of his Majefty's llamp duties for fuch purpofe, for the fpace of three calendar months after he fhall fo have received the fame, every luch ftevvard or other officer aforefaid, fliall, for every fuch offence, forfeit and pay the fum of live pounds, and double the duty which fliall not be fo paid hy him within the time aforefaid.'* Extraifl 38th George the Third, c. 85, vf« j4, without procuring the furrender, admittance, copy or inftrument of admit- tance, in which the faid tenements fliall be fo men- tioned or defcribed, to be duly ftamped, and the duty paid for t!ie fame, according to the true intent and meaning of the faid recited a£t and this a£l, every fucii fteward or officer (liall, for every I'uch neglecl, forfeit the like penalties, and be liable in like manner for the duty direfted to be paid as aforefaid, and for the penal- ties Incurred, as any fuch fteward or officer may be fuhjefl to by the faid recited a£l, for offences cominitted againft the fame.'' THE END. INDEX, Pag© i^cTS of Parliament. What faid to extend to copyhold eftates - «• 13a What do not extend to copyhold eftates - 138 Admittances. Admittance. What it is - - - 168 Of three forts - - " Ibid, Voluntary admittance r •- ibid. Admittance on furrender » - 169 Admittance on defcent - -»• 170 What afts may be done before admittance ^ 17 1 What ads amount to an admittance - 172 Admittance of tenant for life, admittance of him in remainder - - ibid. Admittance in all manors compulfory - 173 Some cafes in which admittance is not neceflfary ibid. Admittance by attorney - - 17^ Admittance by guardian - - ibid, Affeer, what it is - , r « 61 What fines muft be afFeercd - - ibid. Amerciament _ - - 62 Difference between amerciament and fine - ibidm Amerciaments incident unto every manor ibid, Ancient demesne ; what it is - - 12 Recovery of lands in ancient demefne, in the court of common pleas, will bar an entail, and remainder to all but the lord - - - lio Assets — Copyholds not aflets * - 31 Aster tenants. — Copyholds, fometimes fo called 11 Attorney. Surrender by attorney - - 147 Admittance by attorney - - 175 Bankrupt. ii INDEX. Bankrupt. Page. Copyhold lands arc within all the fevcral {latutes of bankrupts . • _ - i^y Baronies — Manors were formerly fo called - 6 Borough Englisti — May be in copyhold lands, by particular cuftom - - 28 Charge — In the courts leet and courts biron, heads of - - - V - J79 Commons may be Inclofed - - 26 Constables appointed in moft manors - 67 Copyhold — Of the Copyholders - - 9 Copyholds in fome refpeiSts partake of the nature of freeholds - - - 14 Perfe£l Copyhold. What it is - - 15 Copyholds of inheritance » - 16 Copv holds for lives _ - . 17 Copyholds in remainder or reverfion - ih'td. Copyholders. Who fhall be capable of being fuch 21 Of what things Copyholds may be granted, and of what not - - - 24 Copyhold mufb be of perpetuity - - ibid. Of the defcent of copyholds, and how they are guided and direfled - - 27 "Where copyholds are regulated by the rules of the common law, and where otherwife ibid. Collateral qualities of a copyhold - 30 Copyholder may make leafes - - 46 Shall have common ... - ibid. Shall take trees - - - - 47 Coparceners fhall pay one fine - - 100 Courts — Court leet and court of record - 63 Of the courts incident to a manor - 65 Of the court leet - - - 66 When and where held - - ibid. The fleward Is judge - • - ibid. Of the court baron . - - 68 Incident to every manor - - ibid. When and where held - - ibid. Freeholders or fui tors are judges - ibid. Not INDEX, iii TCot a court of record - - 68 Of tlie cuftomary court - • 69 Concerns the copyhold tenants only - tb'id. The lord or his fteward is judge, and may be held at pleafure - - - 76 Of the courtof furvey - - ibid. Has no peculiar jurirdiflion - - ibid. Method of holding the feveral courts - 177 Courtesy - - - - 30 Courtefy, tenancy by cufloin - - 43 Who fiiall have it ' - - - ibid. Customs - - - " . 39 Cuftoms. What they are - - ibid. Nature of - - - ibid. Muft be time out of mind - - 40 Muft be reafonable - - - ibid. Muft be certain - - " 41 General cuftoms « • » 43 Special cuftoms •• - - 43 Cuftom, what fliall be faid to be a purfuance of 4J4 Cuftomary eftate, what - - 10 Cuftomary court may be held by the grantee of the inheritance of the copyhold - 127 Descent of copyholds _ - * 27 pjscoNTirJUANCE — Surrender by a copyholder in tail, makes no ditcontjnuance - - 31 Power — Difference between dower and free-bench 30 Dower and free bench by cuftom * 43 Whofhall haveit , - - ibid. Who ftiail not have it - - 44 Entailing copyhold eftatcs - - 33 Entails, mode of docking or barring - 35 By common recovery - - ib-d. By furrender » •• • 3^ By forfeiture * * • 37 Enfranchisement (See -Appendix.) Escheat — What it is - ^ - 84 If all the freeholders efcheat to the lord, the ma- nor is extinft - - - _ °5 Muft be prefented before the lord or renter ibid, EsSOIGN — ^ iv INDEX Pase to^ SssoiGN — What it is ^ ^ - lyg EsTRAY — What it means - - 87 Ought to be fhewn of what kind it is - ilfid. Cannot be worked _ - _ ii;id. Evidence, of copyhold what - - 2 Exchange— (See Appendix) Extinguishment — When a copyhold becomes extinguifhed _ . ^ I2§ By the a£t of the lord • - il>id. By a£l of laws - - - 128 By the aft of cojjy holder « „ - 129 Fealty — What it is ^ - - 74 Whence derived - » _ Hid, Muft he done in perfon • - ibid. May be rel'pited - - _ jl/id. Fees — Of the lleward (See Appendix, and Table of fame) - - _ _ 278 Feme COVERT — May be purchafer of a copyhold eftate > _ . . 22 May receive a copyhold by furrender from her hufband - « , - jbid. May devife a copyhold. Quere - ihid,' Cannot forfeit her eftate ^ - 117 Fines _ _ - - - gz A fine. What it is - t - ibid. Fines payable on admittance only ^ ibid, Muft be rcafonable _ _ > g^ What has been held to be reafonable - 94 Shall be of the improved value - - 95 What dedu£tions fhall be made in afleffing fines 95, 96" Fines fliall be affeiledfeparately - - ibid. When payable - - - - 97 By whom payable _ - » ibid, Kefufal to pay an nnreafonable, no forfeiture ibid. Muft be aitefl'ed for the whole eftate - gdi F ines may be aft'effed on the admiftionof the par- ticular tenant, and proportioned - ibid. Fine. None due on admittance of a feme to a widow's eftate but by cuftom - 99, 100 Fines, INDEX. V Page Fines, Temedy for the recovery of - JOi Fines on copyhold eftates for life or lives ^- lOJ Fines, for not attending lords courts (See For- feiture) Fines. An a£l to enable lords more eafily to recover them (See Appendix.) Forfeitures — Barring entails by - 37 Forfeitu-e, what is - - - _*PS To whom made - - " ^ ihid. By non attendance at the lords court, and with- holding (uit and fervice - •' l<>^ By non-payment of rent - - ^ 108 In making leafes, or difpofing by a tenant of his copyhold - - - 109 in committing wafte - - - iiO Forfeiture by inclofure - - ' }]S By confoundinrr boundaries - - '^'^» By dio-ging mines - - - loia. By converfion of land . - - ibid4 Forfeiture for treafon or felony - - u^ Who may forfeit - - * *^7 What may be forfeited, and where forfeiture of part Ihall be a forfeiture of the whole 1 18 Forfeiture of one eftate, no forfeiture of the others - - - ■ ^^^ Forfeiture, difpenfation of - - 121 Where faid to be difpcnfed with - - '^'^. No forfeiture without notice - - 122 In what cafes equity will relieve - 123 Frankpledge — View of what FRtJiTs of Tenure - - " Gavelkind— Copyhold lands, by fpeclal cuftom, may defcend to all the males - 29 Grantees— Of a copyhold, who may be - 21 Guardian— The lord of a manor, by cuftom may appoint guardian to an infant copyholder 48 Guardian, iidmitiance by - " ^75 jHeriot 68 86 \l INDEX, H£RloT— Origin of It - - - jq May be due in three feveial ways - 80 He riot cuftom - - - i^iJ. Hcriot fervice - - - 82 Heriots by reiervation - - 83 Remedy for recovery of each - jl>id. Homage— Was a regular fervice before the abolition of the military tenures - - 74 Are ju'lges in the court-baron - 6q Homage refufing to prefent the articles upon their oath, forfeit _ - . X07 Honours — Manors were formerly fo called - ^ Infants may be grantees of a copyhold - 21 Infant lord of a manor capable of making a vo- luntary grant - - - 51 Grant by an infant, fteward of a manor, cannot be avoided - " ~ 59 Infants fealty may be refpited - 75 Infants exeiTipted from forfeitures in particular cafes, by flat. 9 Geo. I. - - 102 Infants under fourteen, unable to forfeit - 117 But at the age of difcretion may forfeit for of- fences wtiich proceed from contempt il^/a. Infants admittance by guardian - - 17^ Joint-tenants of a copyhold fhall pay but one fine on admittance - - lOO Jury, their duty confined to enquiry merely - bj Land Tax not to be dedu£led in alTeffing a copyhold fine - - - - 95 Leet (See Couit) Letters of Attorney (See Appendix) Licence, Lord may grant out of court - 56 Lords, Why fo called - - - 5' Quality of the perfon of the lord - - il^iJ. Quantity of liis eftate - - - (,Z. Aivthunty of the lord - - - 53 is INDEX. vli Page Is to be confidered as chancellor in his own court - - - 53 In admitting tenants • ^ 54 Lord coinpeliable to hold a court - »^'<^« Cannot holfl his own court - * 55 Has a right to appoint guardians - ihid. May grant licence to demife out of court ibid. Lord, bound to admit a furrenderee - 169 Lunatic— May be grantee of a copyhold - 2i Manors - _ _ • i What is a manor, and of their firfl inftitution 3 Why called a manor - - ibid. Of what a manor conflfts - - 4 Manors formerly called baronies, and now fome- times called honours - - 6 Manor may confift of one or more villages^ l^c. and may be either real or nominal - ibid. Manor by reputation - * 7 May be divided or fufpcnded - - 8 Manor may be deftroyed - - ibid. Muft have a court-baron - - ibid. Manor may be revived - - ibid. Mortgage (See Appendix.) Oaths, — of the iury, homage, conflable, Is^c. in the CGurt-lcet, court-baron, and cuflomary court, (See Appendix.) Oath of fealty - - - • ibid. Occupant - - - 143 Presentment — What it is - - 164 When to be made _ . - ibid. Muft correfpond with the furrender - zbid. If prefentmcnt be improperly entered, the roll fliall be amended - - « 165 Until prefentment, eftate remains in the furrcn- dcror - . _ 166 Prefentment, if made at the next co^rt after the death of the Uirrenderor, good • ibiJ. Relief viii I N D fe X. Page, Rfcllef may be had againfl: the ftevvard or tenants, for not prefenting, as well as againft the lord t66 NeceiTary foi the lord's information - ibid. Every furrender muft be prefented before there can be any admittance thereupon - 167 Prefentment advifeable before feizure - Ibidi Forms of, (See Appendix.) Recovery — Entail of al copyhold may be barred by a Recovery in the lord*s court ~ - 3JI Relief — What it is - - _ . 77 Of two forts - - ' - ibid* Paid by freeholders only - - ibid» Remedy for recovery of reliefs - •*' 78 Reut. Rent fervlce - ^ _ ^5 Rents of affize - _; - ibid. Chief rents _ _ - i. ibid* Quit rents - _ _ _ ibid. Remedy for recovery of each - - 77 Rent, refufal of, a forfeiture * - ibid. Rental — (See Appendix.) Services — NecefTarily incident to copyhold property 72 Free and bafe fervices - - ibid, ' Corporal fervices - ■* ibid. Annual fervices - - - 7^^ Accidental fervices - - ibid. Rent fervice - - - 76 Steward — Derivation of the word - 50 His duty and autliority - "57 The office of ftev^'ard a requifite in every manor 58 Steward is judge in the court-leet, and regiftrarin the court-baion - - ibid. Steward may be retained by deed or by parol, and fleward thus retained may take furrenders, i^c, ibid. May take recognizances for keeping the peace in the leet - * ~ 59 May make 3 deputy - - ibid. Court hehl liy one of two joint flcwards, it is fuf- ficient j alio, it held by the clerk of the fteward 60 If INDEX. i : Page, if lieward grant contrary to the command of his lord, it is void - - - 6i May take a furrender out of court - ibid. May privately examineyVw^ covert out of court ibid. May aiFefs fines - * - ^3 May forfeit his office - - ibid. May take fealty to the lord - 74 Steward's fees (See Appendix.) Successive — Where copyholds, granted fucceffive, fliall go in fucceffion, and where not 19, 20 Suit of Court - - - 75 Who may do fuit - - '- ibid. Remedy for fuit _ - - ibid. Surrender — by tenant for life, no forfeiture 32 Surrender — a mode of barring entails - 35 Of the furrender, what it is - - 144 What perfons may furrender - - 145 Surrender by attorney - - 147 What will amount to a furrender - 148 Of the operation of it in pafling an eftate 149 May be revoked - - - 151 What (hall pafs by it - - ibid. To commence at a day to come - 153 What perfon may accept a furrender - 154 Where furrender lliall be made - ibid. In what cafes the want of a furrender, or a dc- fe6live furrender, will be fupplied in equity 156 In favour of purchafers - - ibid. In favour of creditors - - 157 In favour of younger children - 159 In favour of an elder Ton in gavelkind ibid. In favour of grandchildren, quere - ibid. In favour of a wife - - 160 In favour of natural children, equity will not fupply - - - 161 In cafe of mortgages ; - ibid. In favour of a charitable ufe - 163 In fome cafes of necelTity - - ibid. For forms of furrenders (See Appendix.) Survey — Court of - - - 70 F f Tenants X INDEX, Page, Tenants — in common fhall be feverally admitted and pay feveral fines - r - 100 Timber — In what cafes the lord may cut timber from off his copyhold lands - - nz Trees — Where a copyholder may take trees ihid. Where a ftranger cuts trees - - 114 Treasure Trove - - - 90 Waifs — What they are . - - 86 Waste —committed by a copyhold tenant works a for- feiture - - - 110 Voluntary wafte - t ill Permiffive wafte - - i^i^' For more on this head (See title Forfeiture.) Wreck r * * r S9 t G. AULB, P;:uty, Crevillc ^uccr, Iwivoij. X.AW BOOKS LATELY PUBLISHED BY JOSEPH BUTTERWOPtTH. In royal 8vo, price i/. i8j. boards, Volumes I. and IF. of A Treatife of the Pleas of the Crczvn. By Edward Hydf Eajiy Efq. of the Inner Temple. In 8vo, price lO^. dd. boards, The Solicitor's Pra^lce on the Crown Side of the Court of King's Bench, with an Apr pendix, containing the Forms of Proceedings, he. 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